Opinion
December 27, 2000.
Appeal from Adjudication of Supreme Court, Herkimer County, Kirk, J. — Youthful Offender.
PRESENT: GREEN, J. P., PINE, HAYES AND SCUDDER, JJ.
Adjudication unanimously affirmed.
Memorandum:
We reject defendant's contention that Supreme Court erred in determining the amount of restitution to be made to the victim. In making its determination, the court was entitled to rely upon hearsay ( see, People v. Chaulk, 192 A.D.2d 669, 670, lv denied 81 N.Y.2d 1071; People v David N., 140 A.D.2d 460, 461; see also, People v. Kim, 91 N.Y.2d 407, 411), including the damage estimate report prepared by an adjustor on the victim's behalf ( see, People v. Leonidow, 256 A.D.2d 917, 918-919, lv denied 93 N.Y.2d 875). We further reject the contention of defendant that he was denied his right of confrontation by the People's failure to call the author of the report as a witness ( see, US Const 6th Amend; N Y Const, art I, § 6). The record supports the court's determination that the amount received by the victim in settlement of her property insurance claim does not reflect her actual out-of-pocket loss ( see, Penal Law § 60.27), and the amount of restitution ordered by the court is supported by a preponderance of the evidence ( see, People v Morales, 256 A.D.2d 729, 729-730, lv denied 95 N.Y.2d 868).