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PEOPLE v. GIBSON

2010-05373.

88 A.D.3d 1012 (2011)

931 N.Y.S.2d 530

2011 NY Slip Op 7652

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMELL GIBSON, Also Known as JERMELL GIBSON, Appellant.

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

Decided October 25, 2011.

Ordered that the judgment is affirmed.

Where the plea minutes do not indicate that a plea of guilty was negotiated with terms that included restitution, at sentencing the defendant should be "given an opportunity either to withdraw his plea or to accept the enhanced sentence that included both restitution and a prison sentence" (People v Ortega, 61 A.D.3d 705, 706 [2009]; see People v Kegel, 55 A.D...

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