Opinion
Filed May 2, 2001.
Appeal from Order of Genesee County Court, Morton, J. — Restitution.
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, KEHOE AND LAWTON, JJ.
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 A.D.2d 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 A.D.2d 164, 164-165; see also, People v. Kevin C., 265 A.D.2d 828, 829).