People v. Coleman

—Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered May 26, 1989, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of four

Ordered that the judgment is modified, on the law, by vacating the provision thereof which requires the defendant to pay $650 in restitution; as so modified, the judgment is affirmed.

That part of the judgment which ordered restitution in the sum of $650 to reimburse the Nassau County Police Department for the money used in the cocaine sale upon which this prosecution was premised must be vacated. A law enforcement agency is not a "victim” within the meaning of Penal Law § 60.27 such that it is qualified to receive restitution for "public monies * * * expended in the pursuit of solving crimes” (People v Rowe, 152 AD2d 907 , 908, affd 75 NY2d 948 ). Thompson, J. P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.