People v. Rowe

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Upon his plea of guilty to one count of criminal possession of a controlled substance in the third degree, defendant was sentenced as a second felony offender to a term of imprisonment of 4 Vi to 9 years and was ordered to pay $1,510 in restitution to the Rochester Police Department. The $1,510 represented unrecovered drug "buy” money ex*908pended by the police in effecting defendant’s arrest. For reasons that follow, we conclude that the order of restitution is not authorized by Penal…