Judgment unanimously modified on the law and as modified affirmed and matter remitted to Jefferson County Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to criminal possession of marihuana in the third degree in satisfaction of a four-count indictment and was sentenced to a term of probation of five years and directed to pay restitution in the amount of $2,517.92. Although the plea agreement provided for restitution, no...
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