Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing, with leave to the People to withdraw their consent to the plea, if they be so advised.
As part of a negotiated plea of guilty, the defendant agreed to make restitution prior to sentencing. However, at sentencing, the sentencing court granted him three additional years to make restitution. Although the sentencing court had discretion...
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