People v. Smith

Appeal by the defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered December 5, 1989, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law and the facts, by deleting the provision thereof directing the defendant to pay $510 in restitution; as so modified, the judgment is affirmed.

Because the sentencing court made no findings as to the loss or damage caused by the oifense, and the record does not contain sufficient evidence to support such a…