Defendant contends that his sentence violates his constitutional right to equal protection of the laws in that it was based solely upon the amount of restitution made prior to sentencing. We disagree. Restitution may be an element of a plea-bargain package (see, Donnino, Practice Commentaries, McKinney's Cons Laws of NY, Book 39, Penal Law § 60.27, at 191-192). Here, defendant consented to a term of imprisonment of up to 5 to 15 years, with the amount of restitution...
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