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PEOPLE v. ORTEGA

61 A.D.3d 705 (2009)

875 N.Y.S.2d 909

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO ORTEGA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 7, 2009.

Ordered that the judgment is modified, on the law, the sentence is vacated, and the matter is remitted to the County Court, Nassau County, for further proceedings consistent herewith.

Although a court is free to reserve the right to order restitution as part of a plea bargain, the plea minutes in this case do not indicate that the plea of guilty was negotiated with terms that included restitution (see People v Kegel, 55 A.D.3d 625

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