People v. Flecha

Appellate Division of the Supreme Court of New York

People v. Flecha

283 A.D.2d 1023, 724 N.Y.S.2d 396, 2001 N.Y. App. Div. LEXIS 4626

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 2001·Published

Opinion

—Order unanimously reversed on the law. Memorandum: County Court erred in directing defendant to pay restitution to the Crime Victims Board. Defendant’s plea was “negotiated on terms that did not include mention of restitution” (People v Cowan, 168 AD2d 509). Because the order of restitution fails to conform to the terms of the plea agreement, it must be reversed (see, People v Virola, 203 AD2d 164, 164-165; see also, People v Kevin C., 265 AD2d 828, 829). (Appeal from Order of Genesee County Court, Morton, J. — Restitution.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Lawton, JJ.

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—Order unanimously reversed on the law. Memorandum: County Court erred in directing defendant to pay restitution to the Crime Victims Board. Defendant’s plea was “negotiated on terms that did not include mention of restitution” (People v Cowan, 168 AD2d 509). Because the order of restitution fails to conform to the terms of the plea agreement, it must be reversed (see, People v Virola, 203 AD2d 164, 164-165; see also, People v Kevin C., 265 AD2d 828, 829). (Appeal from Order of Genesee County Court, Morton, J. — Restitution.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Lawton, JJ.

People v. Flecha, 283 A.D.2d 1023, 724 N.Y.S.2d 396, 2001 N.Y. App. Div. LEXIS 4626 (N.Y. Ct. App. 2001).

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