Opinion
October 1, 1993
Appeal from the Oswego County Court, Brandt, J.
Present — Green, J.P., Pine, Fallon, Doerr and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oswego County Court for further proceedings in accordance with the following Memorandum: Defendant agreed to enter a plea of guilty to burglary in the third degree in return for an indeterminate term of imprisonment of 3 1/2 to 7 years. At the time of sentencing, the court imposed the agreed upon sentence and further ordered defendant to pay restitution in the total sum of $1,958.25 (see, Penal Law § 60.27). That was error (see, People v. Lefler, 193 A.D.2d 1143; People v. Jackson, 188 A.D.2d 1086). Because the sentence imposed was more severe than that bargained for, we modify the judgment by vacating the sentence and remitting the matter to the sentencing court to impose the sentence promised or to afford defendant the opportunity to withdraw his plea (see, People v. Lefler, supra; People v. Jackson, supra).