PEOPLE v. BEAUDOIN

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.