People v. Lynch

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Herkimer County Court for further proceedings in accordance with the following Memorandum: In view of defendant’s criminal record, we conclude that the sentence of incarceration imposed by County Court is not unduly harsh or severe (see, CPL 470.15 [6] [b]). We further conclude, however, that the court erred in determining the amount of restitution without conducting a hearing. The court properly considered the victim impact statement in making its “finding as to the dollar amount of the fruits of the offense” (Penal Law § 60.27 [2]). That statement alone, however, did not provide “a sufficient basis upon which to order restitution without a hearing” (People v Ashley, 162 AD2d 883 , 885, Iv denied 76 NY2d 852 ;