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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY WALKER, Appellant.

Ordered that the sentence is modified, on the law and as a matter of discretion in the interest of justice, by deleting the provisions thereof concerning restitution; as so modified, the sentence is affirmed, and the matter is remitted to the County Court, Nassau County, for a hearing and a new determination concerning the proper amount of restitution and the manner of payment thereof.

The record submitted to this court contains insufficient information regarding the manner in which the amount of restitution was determined and the manner in which the restitution condition was to be satisfied by the defendant. Accordingly, the matter is remitted to the County Court, Nassau County, so that a hearing may be conducted with regard to these issues (see, People v Miller, 133 A.D.2d 784, lv denied 70 N.Y.2d 934; People v Barnes, 135 A.D.2d 825; Penal Law § 60.27).

The defendant's contention that the period of incarceration imposed was excessive has been considered and has been found to be without merit. Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.

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PEOPLE v. WALKER
(May 23, 1988)