People v. Linscott (255 A.D.2d 1007, 1998)

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Jefferson County Court for further proceedings in accordance with the following Memorandum: Defendant argues and the People concede that the record before County Court does not contain sufficient evidence to support the amount of restitution ordered (cf, People v Kim, 91 NY2d 407, 411; see generally, People v Consalvo, 89 NY2d 140, 144-146). Consequently, we modify the judgment by vacating the amount of restitution, and we remit the matter to Jefferson County Court to determine the actual amount of the victim’s out-of-pocket loss (see, People v Lynch, — AD2d — [decided herewith]). (Appeal from Judgment of Jefferson County Court, Clary, J. — Attempted Criminal Mischief, 2nd Degree.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.