Opinion
December 24, 1990
Appeal from the County Court, Rockland County (Kelly, J.).
Ordered that the judgment imposed under indictment No. 89-00091 is modified, by deleting therefrom the provision which ordered the defendant to pay restitution to the Rockland County Narcotics Task Force in the amount of $50; as so modified, that judgment is affirmed; and it is further,
Ordered that the judgment imposed upon indictment No. 89-00094 is affirmed.
In light of the recent holding of the Court of Appeals that a police department expending drug "buy" money is not considered a "victim" (Penal Law § 60.27) entitled to restitution, the People concede that restitution was improperly directed (see, People v. Rowe, 75 N.Y.2d 948).
We have considered the defendant's remaining contention and find it to be without merit (see, People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Kunzeman, Sullivan and Ritter, JJ., concur.