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PEOPLE v. DULANSKI

Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 12, 1991

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following Memorandum: The Cattaraugus County District Attorney's Office and Sheriff's Department are not "victims" within the meaning of Penal Law ยง 60.27 (1); therefore, the court erred by ordering defendant to make restitution to these agencies of the expenses incurred in extraditing defendant from California to face felony charges. The court does not have authority to sentence defendant to reimburse a law enforcement agency for public monies expended as part of its law enforcement operating costs (see, People v Rowe, 152 A.D.2d 907, affd for reasons stated at App. Div. 75 N.Y.2d 948; People v Pfaudler, 164 A.D.2d 873; People v Purcell, 161 A.D.2d 812). That portion of the sentence must be vacated. In light of this determination, it is not necessary to address defendant's remaining argument.