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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LONNIE PFAUDLER, Appellant.

Ordered that the appeal from the judgment rendered under indictment No. 247/87 is dismissed as abandoned; and it is further,

Ordered that the judgment rendered under indictment No. 290/88 is modified by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for the imposition of a new sentence.

A law enforcement agency is not a "victim" as defined in Penal Law § 60.27 such that it is qualified to receive restitution for "`public monies * * * expended in the pursuit of solving crimes'" (People v Rowe, 152 A.D.2d 907, 908, affd 75 N.Y.2d 948). Although the defendant did not previously object to this aspect of his sentence, "it has long been the law that the `essential nature' of the right to be sentenced as provided by law, though not formally raised at the trial level, preserves a departure therefrom for review" (People v Fuller, 57 N.Y.2d 152, 156).

The matter is therefore remitted for a new sentence on the defendant's bail jumping conviction. Mangano, P.J., Kunzeman, Kooper, Sullivan and O'Brien, JJ., concur.

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PEOPLE v. PFAUDLER
(Aug 6, 1990)