People v. Dion (71 A.D.2d 1060, 1979)

—Judgment insofar as it imposes sentence unanimously modified, on the law, by striking the provision for restitution, and, as modified, affirmed. (See Feldman v Reeves 45 AD2d 90, app dsmd 35 NY2d 707; Penal Law, § 65.10.) (Appeal from judgment of Herkimer County Court —Grand Larceny, third degree.) Present—Simons, J. P., Hancock, Jr., Callahan, Doerr and Moule, JJ.