Opinion
April 13, 1992
Appeal from the County Court, Rockland County (Nelson, J.).
Ordered that the judgments are modified, on the law, by vacating the provisions of the sentences imposed thereunder requiring that the defendant make restitution in the sum of $1,320 to the Rockland County Narcotics Task Force; as so modified, the judgments are affirmed.
At the time of sentencing, the court was without authority to direct restitution of the so-called "buy money" expended by the police to purchase narcotics from the defendant (see, People v Rowe, 75 N.Y.2d 948, affg 152 A.D.2d 907; People v Grant, 181 A.D.2d 742; People v Rodriguez, 179 A.D.2d 789). Accordingly, as the People concede, the defendant's sentences must be modified by vacating the requirement of restitution. We note that Penal Law § 60.27 has since been amended, effective November 1, 1991, to add a new subdivision authorizing restitution to law enforcement agencies for unrecovered funds used in the purchase of drugs as part of investigations leading to convictions (see, Penal Law § 60.27, as added by L 1991, ch 545). Harwood, J.P., Eiber, Ritter and Copertino, JJ., concur.