Opinion
March 23, 1987
Appeal from the County Court, Nassau County (Delin, J.).
Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by deleting the provision that the Department of Probation shall determine the manner of making restitution. As so modified, the sentence is affirmed, and the matter is remitted to the County Court, Nassau County, for a determination by the sentencing court of the manner in which the defendant shall make restitution.
Penal Law § 60.27 (1) provides that a court, when imposing a sentence, may require a defendant to make restitution of the fruits of his offense. When restitution is required, the court must fix not only the amount thereof but also the manner of performance (see, People v. Fuller, 57 N.Y.2d 152; People v Julye, 64 A.D.2d 614; People v. Thigpen, 60 A.D.2d 860). As the sentencing court here delegated that duty to the Department of Probation, remittitur is required so that the sentencing court may determine the manner in which the defendant shall make restitution.
We have considered the defendant's other contentions and find them to be without merit. Mollen, P.J., Mangano, Thompson and Kunzeman, JJ., concur.