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PEOPLE v. SCHWICKRATH

40 A.D.3d 1218 (2007)

834 N.Y.S.2d 751

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM SCHWICKRATH, Appellant.

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

Decided May 10, 2007.

Lahtinen, J.

When this case was previously before us, we vacated defendant's sentence on the basis that the imposition of restitution was improper because that issue had not been set forth in the plea agreement (23 A.D.3d 707 [2005]). In remitting the matter to County Court, we directed that defendant be afforded the opportunity to either withdraw his plea or accept the sentence with the inclusion of restitution (id. at 708...

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