People v. Burfield

— Judgment unanimously modified on the law and as modified affirmed and defendant remanded to Erie County Court for further proceedings, in accordance with the following memorandum: The People concede that defendant’s sentence must be vacated because the court failed to direct the time and manner for the payment of restitution (see, CPL 420.10 [1]). We also conclude that a hearing should be conducted regarding the amount of restitution. Even though defense counsel failed at the time of sentencing to request a hearing, "the sentencing court should have conducted a hearing to determine the…