People v. Miller

Appeal by the defendant, as limited by his motion, from so much of a sentence of the County Court, Nassau County (Orenstein, J.), imposed September 15, 1986, as, upon his conviction of criminal possession of stolen property in the second degree, upon his plea of guilty, directed restitution in the amount of $7,242.49 to be paid over a 52-month period, as a condition of a five-year term of probation.

Ordered that the sentence is reversed insofar as appealed from, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the County Court, Nassau County,…