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PEOPLE v. WORTHINGTON

173 A.D.2d 665 (1991)

The People of the State of New York, Respondent, v. William Worthington, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 20, 1991

Ordered that the sentence is modified, on the law, by deleting the provision thereof requiring the defendant to make restitution; as so modified, the sentence is affirmed insofar as appealed from.

Inasmuch as restitution did not comprise part of the defendant's plea agreement (see, People v Cowan, 168 A.D.2d 509), and there is inadequate evidence in the record to support the sentencing court's imposition of restitution...

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