Opinion
August 5, 1991
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is modified, on the law, by vacating so much of the sentence as directed the defendant to make restitution; as so modified, the judgment is affirmed.
On November 2, 1989, the defendant pleaded guilty to criminal sale of a controlled substance in the second degree in satisfaction of Indictment No. 61489, in exchange for a promised sentence of an indeterminate term of three years to life imprisonment. On January 5, 1990, the promised sentence was imposed, but the defendant was further ordered to make restitution of unrecovered so-called "buy money" in the amount of $6,050. It was improper for the court to order the defendant to pay restitution of the buy money (see, People v Rowe, 152 A.D.2d 907, affd 75 N.Y.2d 948; People v Vigoya, 173 A.D.2d 582). Mangano, P.J., Sullivan, Harwood and Miller, JJ., concur.