Ordered that the sentence, as amended, is modified, on the law, by deleting the provisions imposing a mandatory surcharge and restitution; as so modified, the sentence, as amended, is affirmed, and the matter is remitted to the County Court, Dutchess County, for further proceedings in accordance herewith.
The defendant was charged with driving while intoxicated following his involvement in an accident in which the victim's motor vehicle sustained damage.
The court's improper deferral of restitution issues did not work to deprive it of jurisdiction to thereafter impose restitution as it had announced it would do at sentencing (see, People v. Jackson, 180 A.D.2d 755). However, the County Court should have fixed the amount and terms of restitution at the time it pronounced the sentence of which restitution was to be a part (see, Penal Law § 60.27; People v. Jackson, supra). In determining that the defendant was required to make restitution, inter alia, with regard to the amount of expense incurred by the victim in renting another car while the damaged car was being repaired, the court failed to specify the actual dollar amount of that expense (see, People v. Fuller, 57 N.Y.2d 152, 158). The court also erred in directing the defendant to pay a mandatory surcharge since the imposition of the surcharge was inconsistent with the requirement that the defendant make restitution (see, Penal Law § 60.35; People v. Bailey, 209 A.D.2d 709).
The defendant's remaining contention is without merit. Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.