People v. Byrd

— Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Ain, J.), imposed January 12, 1990, upon his conviction of burglary in the second degree, upon his plea of guilty, the sentence being an indeterminate term of 2 Vi to 7 Vi years imprisonment, a mandatory surcharge of $100, and restitution of $11,523.06.

Ordered that the sentence is modified, on the law, by vacating the provisions thereof directing the defendant to make restitution in the amount of $11,523.06 and imposing a mandatory $100 surcharge; as so modified, the sentence is affirmed,…