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Court’s Imposition of Restitution at Sentencing Required Reversal Because Restitution Was Not Part of Plea Agreement

The Second Department determined the trial court’s imposition of restitution at sentencing, where restitution was not part of the plea agreement, required that the defendant be given the opportunity to withdraw his plea or to accept the enhanced sentence:

Although a court is free to reserve the right to order restitution as part of a plea agreement, the plea minutes do not indicate that a plea of guilty was negotiated with terms that included restitution. Accordingly, at sentencing, the defendant should have been “given an opportunity either to withdraw his plea or to accept the enhanced sentence that included both restitution and a prison sentence … or for the court to impose the agreed-upon sentence.  People Poznanski, 2013 NY Slip Op 02272, 2008-06938, Ind No 2672/06, 2nd Dept 4-3-13

 

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