People v. Andrea

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered August 23, 1984, convicting him of grand larceny in the third degree and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating that portion of the sentence imposed upon the conviction of grand larceny in the third degree which directed the defendant to make restitution in the amount of $5,000; as so modified, the judgment is affirmed, and the matter is remitted *741to the Supreme Court, Queens County, for a hearing to determine the…