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PEOPLE v. BRANCH-EL

43 A.D.3d 1206 (2007)

842 N.Y.S.2d 104

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE BRANCH-EL, Appellant.

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

Decided September 13, 2007.

In satisfaction of a multicount indictment, defendant pleaded guilty to murder in the second degree and waived his right to appeal. Under the terms of the plea agreement, he was to be sentenced to 20 years to life in prison. County Court imposed this sentence, but also ordered defendant to pay restitution. Defendant appealed and this Court found that restitution was improperly imposed because it was not a part of the plea agreement (12 A.D.3d 785

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