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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)

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