PEOPLE v. SCOTT

102682.

74 A.D.3d 1582 (2010)

902 N.Y.S.2d 439

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN E. SCOTT, Appellant.

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

Decided June 17, 2010.


Defendant pleaded guilty to the crime of assault in the second degree and waived his right to appeal. County Court sentenced him, as agreed, to a prison term of three years and postrelease supervision of five years, and further imposed a fine and ordered restitution. Defendant now appeals, asserting that County Court failed to advise him that restitution could be a part of his sentence.

While we agree with defendant that the issue is properly before us and not encompassed...

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