People v. Brown

Appeal by the defendant from a judgment of the County Court, Nassau County (Kase, J.), rendered August 11, 2008, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence, including restitution in the sum of $9,614.54.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the provision of the sentence directing the defendant to pay restitution in the sum of $9,614.54; as so modified, the judgment is affirmed.

*1048Contrary to the defendant’s contention, there is no indication in the record that the…