People v. Smith (156 A.D.2d 1023, 1989)

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The court erred in ordering restitution without conducting a hearing; the probation report, which was the sole basis for the court’s order of restitution, is insufficient to determine the proper amount (see, People v Williams, 154 AD2d 945; People v Cheatum, 148 AD2d 986, Iv denied 74 NY2d 662). The order of restitution therefore is vacated and the matter remitted for a hearing. (Appeal from judgment of Supreme Court, Erie County, Dadd, J. — driving while intoxicated.) Present — Boomer, J. P., Green, Pine, Lawton and Davis, JJ.