People v. Winston

— Judgment unanimously modified in accordance with memorandum, and, as modified, affirmed and defendant remanded to Monroe County Court for resentencing. Memorandum: On conviction after trial for several counts of criminal possession of stolen property (Penal Law, §§ 165.50, 165.45) defendant received a sentence of one year, along with the requirement *741that he make restitution in the sum of $9,341. This was error. The activities for which defendant was convicted occurred between 1977 and 1979. Section 65.10 (subd 2, par [f]) of the Penal Law effective at that time provided that “[w]hen…