Majority
p. 750The People of the State of New York, Respondent, v Thaddeus Harper, Appellant.
Judgment insofar as it imposes sentence unanimously modified as a matter of discretion in the interest of justice by deleting the condition of probation requiring restitution, and, as modified, affirmed. (Appeal from judgment of Erie Supreme Court — attempted petit larceny.) Present — Dillon, P.J., Cardamone, Callahan, Denman and Schnepp, JJ.