Opinion
January 7, 1980
Appeal by defendant from a judgment of the Supreme Court, Richmond County, rendered November 13, 1978, convicting him of willful violation of the health laws, upon his guilty plea, and imposing a sentence of a fine of $2,000 and ordering him to make restitution of $156.50 to the patient fund of Silver Lake Nursing Home. Judgment affirmed (see People v. Deutsch, 71 A.D.2d 1029). We note that the defendant agreed, on the record, to "contribute" the sum of $156.50 to the patient fund at the nursing home in question. Therefore, the court's use of the word "restitution" constituted a mere technical error which did not affect the defendant's substantive rights (see CPL 470.50, subd 1). Hopkins, J.P., Damiani, Titone and Mangano, JJ., concur.