You are here: / / JUDGE IMPOSED RESTITUTION AT SENTENCING WHICH WAS NOT PART OF THE PLEA...

JUDGE IMPOSED RESTITUTION AT SENTENCING WHICH WAS NOT PART OF THE PLEA AGREEMENT, SENTENCE VACATED.

The Third Department vacated defendant’s sentence because restitution was imposed but was not part of the plea agreement. Defendant should have been given the opportunity to withdraw his plea:

 

Inasmuch as the record fails to establish that payment of restitution was part of defendant’s plea agreement, we must agree that County Court erred in imposing the enhanced sentence without giving defendant an opportunity to withdraw his plea … . Accordingly, defendant’s sentence must be vacated and the matter remitted to County Court to either impose the agreed-upon sentence or give defendant the option of withdrawing his plea before imposing the enhanced sentence … . People v Brasmeister, 2016 NY Slip Op 01019, 3rd Dept 2-11-16

 

CRIMINAL LAW (IMPOSING RESTITUTION AT SENTENCING WHICH WAS NOT PART OF THE PLEA AGREEMENT REQUIRED VACATION OF THE SENTENCE)/RESTITUTION (IMPOSING RESTITUTION AT SENTENCING WHICH WAS NOT PART OF THE PLEA AGREEMENT REQUIRED VACATION OF THE SENTENCE)/SENTENCING  (IMPOSING RESTITUTION AT SENTENCING WHICH WAS NOT PART OF THE PLEA AGREEMENT REQUIRED VACATION OF THE SENTENCE)

You might also like
Itemization of Mechanic’s Lien Not Necessary/Contract Adequately Apprised Owner of Lienor’s Claim
Violation of a Local Law Did Not Demonstrate a Horse Pen Constituted a Private Per Se Nuisance
VERDICT EXONERATING DEFENDANT DRIVER OF ANY COMPARATIVE FAULT IN THIS PEDESTRIAN ACCIDENT CASE SHOULD HAVE BEEN SET ASIDE, DEFENDANT TESTIFIED SHE SAW PERSONS IN THE ROAD BUT DID NOT SLOW DOWN (THIRD DEPT).
DEFENDANT OFFERED TWO NON-NEGLIGENT EXPLANATIONS FOR THE REAR-END COLLISION SUFFICIENT TO DEFEAT PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, A WAIVED AFFIRMATIVE DEFENSE MAY BE CONSIDERED IN OPPOSITION TO SUMMARY JUDGMENT WHERE THE MOVING PARTY IS NOT SURPRISED AND HAS AN OPPORTUNITY TO RESPOND (THIRD DEPT).
SUPREME COURT WAS BOUND TO FOLLOW A FIRST DEPARTMENT DECISION BECAUSE THERE WERE NO ON-POINT DECISIONS FROM THE THIRD DEPARTMENT OR THE COURT OF APPEALS; HOWEVER THE THIRD DEPARTMENT IS NOT SO BOUND; SUPREME COURT REVERSED (THIRD DEPT).
THE TRIAL EVIDENCE DEMONSTRATED THE STATE HAD CONSTRUCTIVE NOTICE OF THE POTHOLE WHERE PLAINTIFF FRACTURED HER ANKLE AND FAILED TO REPAIR IT; NONJURY VERDICT REVERSED (THIRD DEPT).
CPLR 5003-A, WHICH MANDATES PROMPT PAYMENT OF A SETTLEMENT TO THE PLAINTIFF, DOES NOT APPLY TO PAYMENTS TO THIRD PARTIES REQUIRED BY THE SETTLEMENT AGREEMENT 3RD DEPT.
Newspaper Carriers Were Employees Despite Reference to Them as Independent Contractors In Employment Agreement

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT ENTITLED TO BE HEARD ON APPLICATION FOR RESENTENCING UNDER DRUG LAW... DEFENDANT ENTITLED TO TEN DAYS NOTICE OF SORA JUDGE’S INTENT TO, SUA SPONTE,...