Opinion
September 28, 1979
Appeal from the Herkimer County Court.
Present — Simons, J.P., Hancock, Jr., Callahan, Doerr and Moule, JJ.
Judgment insofar as it imposes sentence unanimously modified, on the law, by striking the provision for restitution, and, as modified, affirmed. (See Feldman v. Reeves 45 A.D.2d 90, app dsmd 35 N.Y.2d 707; Penal Law, § 65.10.)