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People v. Virola

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1994
203 A.D.2d 164 (N.Y. App. Div. 1994)

Opinion

April 21, 1994

Appeal from the Supreme Court, New York County (George Roberts, J.).


The plea minutes disclose that in return for the entry of a guilty plea to the top count of the indictment and execution of a confession of judgment in the amount of $16,420, the court promised to sentence defendant to five years probation. At sentencing, the court was under the mistaken belief that restitution was part of the plea bargain, which belief was not corrected by the prosecutor. As the People concede, since the sentence imposed did not conform to the terms of the plea bargain, the portion of defendant's sentence directing restitution must be vacated (People v Allen, 170 A.D.2d 686; see, People v Bright, 194 A.D.2d 479). However, the confession of judgment remains.

Concur — Carro, J.P., Kupferman, Asch, Nardelli and Williams, JJ.


Summaries of

People v. Virola

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1994
203 A.D.2d 164 (N.Y. App. Div. 1994)
Case details for

People v. Virola

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARBARA VIROLA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 21, 1994

Citations

203 A.D.2d 164 (N.Y. App. Div. 1994)
610 N.Y.S.2d 788

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