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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RICHARD RODWIN, DEFENDANT-APPELLANT.

The restitution order was properly made. The requirements of Penal Law § 60.27 were satisfied because defendant did not request a restitution hearing, and the record clearly establishes the evidentiary basis of the specific amounts, which defendant conceded in his plea allocution (see, People v. Kim, 91 N.Y.2d 407). We find the sentence excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. RODWIN
(May 15, 2001)