Opinion
November 15, 1990
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defendant claims that the amount of restitution she was ordered to pay was excessive. However, the People agree that in light of this court's recent decision in People v. Asch ( 155 A.D.2d 735), it is necessary to remit the matter to County Court for a restitution hearing. Here, as in Asch, there is insufficient evidence to support the order of restitution. Accordingly, the issue of excessiveness is held in abeyance pending such hearing.
Decision withheld, and matter remitted to the County Court of Chemung County for further proceedings not inconsistent with this court's decision. Mahoney, P.J., Kane, Weiss, Levine and Harvey, JJ., concur.