PEOPLE v. VIROLA


203 A.D.2d 164 (1994)

610 N.Y.S.2d 788

The People of the State of New York, Respondent, v. Barbara Virola, Appellant

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

April 21, 1994


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...

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