PEOPLE v. PERRY

109058.

168 A.D.3d 1287 (2019)

91 N.Y.S.3d 811

2019 NY Slip Op 00504

The People of the State of New York, Respondent, v. Bernard F. Perry, Appellant.

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

Decided January 24, 2019.


Defendant waived indictment, pleaded guilty to the reduced charge of attempted assault in the second degree and waived his right to appeal. He was sentenced as a second felony offender to a prison term of 2 to 4 years and was ordered to pay $7,312 in restitution. Defendant appeals.

Defendant contends that his challenge to the imposition of restitution survives his waiver of the right to appeal because it was not part of the plea agreement and that, in ordering restitution...

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