People v. Asch

— Mikoll, J.

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered September 6, 1988, convicting defendant upon his plea of guilty of the crime of grand larceny in the fourth degree.

Defendant contends on this appeal that County Court failed to conform to Penal Law § 60.27 in requiring defendant to make restitution in the sum of $4,468 for damages to the vehicle he stole. He also challenges the constitutionality of the statute requiring restitution in the instant circumstances. Defendant contends that, although he stole the car, another person caused the…