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PEOPLE v. McNULTY

70 A.D.3d 1127 (2010)

894 N.Y.S.2d 573

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN J. McNULTY, Appellant.

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

Decided February 11, 2010.

Malone Jr., J.

Following defendant's guilty plea to the crime of criminal sale of a controlled substance in the fifth degree, County Court sentenced defendant to 1½ years in prison, imposed a $1,000 fine and ordered restitution in the amount of $10. On appeal, defendant asserts that he should have been offered the opportunity to withdraw his guilty plea because neither the fine nor restitution was made part of the plea agreement. We agree.

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