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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKY BEAUDOIN, Appellant.

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Jefferson County Court for further proceedings in accordance with the following Memorandum: In ordering defendant to make restitution, the court did not determine the exact amount to be paid, but only set a ceiling of $22,000, with the exact amount to be fixed at a later date. When a court orders restitution, it must specifically set forth what amount is to be paid (People v. Fuller, 57 N.Y.2d 152, 158; People v. Sommer, 105 A.D.2d 1052; People v. Ramirez, 98 A.D.2d 985; see also, Penal Law § 60.27, 65.10 Penal [2] [g]). The duty to make such findings may not be delegated to the Probation Department (People v. Fuller, supra, at 155, 158-159; People v De Berry, 117 A.D.2d 1006). There are not sufficient facts in the record to make a determination and, therefore, we vacate the amount of restitution and remit this matter for a hearing to determine the amount of restitution to be paid by defendant (see, People v. Guise, 179 A.D.2d 1027, lv denied 79 N.Y.2d 1001; People v. Sommer, supra; People v. Ramirez, supra).

We have examined defendant's other contentions and find them to be without merit.

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PEOPLE v. BEAUDOIN
(Jul 16, 1993)