People v. McNatt

— Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered February 7, 1990, convicting her of criminal possession of a controlled substance in the fifth degree, upon her plea of guilty, and sentencing her to an indeterminate term of two to four years imprisonment and $40 in restitution.

Ordered that the judgment is modified, on the law, by deleting therefrom the provision which directed the defendant to pay $40 in restitution; as so modified, the judgment is affirmed.

At the time the sentence was imposed, the court lacked authority to direct the…