| People v Pordy |
| 2013 NY Slip Op 08102 [112 AD3d 654] |
| December 4, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Steven M. Pordy, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger and AnthonyR. Dellicarri of counsel), for respondent.
Appeal by the defendant from an amended judgment of the County Court, RocklandCounty (Nelson, J.), rendered August 13, 2012, upon remittitur from this Court forresentencing after modification (see People v Pordy, 88 AD3d 746 [2011]), upon hisconviction of grand larceny in the second degree, aiding or assisting in the giving offraudulent returns (two counts), offering a false instrument for filing in the first degree(seven counts), and conspiracy in the fourth degree, upon a jury verdict.
Ordered that the amended judgment is affirmed.
Contrary to the defendant's assertions, the sentencing court properly entered anamended order of restitution against the defendant pursuant to Penal Law § 60.27.That statute does not mandate that a sentencing court determine a defendant's ability topay restitution where that defendant is sentenced to a term of probation (see People v Harris, 72 AD3d1110, 1112-1113 [2010]; People v Lugo, 191 AD2d 648 [1993]; cf.Penal Law § 65.10 [2] [g]). In any event, the sentencing court considered thedefendant's ability to pay in fashioning the amended order of restitution. The court basedthe imposed monthly restitution payments of $1,000 on certain discretionary expensesreported by the defendant. We note that if the defendant is unable to pay the restitution asordered, he may seek resentencing (see CPL 420.10 [5]; People v Harris,72 AD3d at 1112-1113). Mastro, J.P., Dillon, Angiolillo and Chambers, JJ., concur.