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PEOPLE v. ROSA

278 KA 16-01585.

181 A.D.3d 1211 (2020)

118 N.Y.S.3d 482

2020 NY Slip Op 01793

The People of the State of New York, Respondent, v. Stephen A. Rosa, Appellant.

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

Decided March 13, 2020.

It is hereby ordered that the amended sentence so appealed from is unanimously vacated.

Memorandum: Defendant appeals from an amended sentence directing him to pay restitution arising from a judgment convicting him, upon a plea of guilty, of criminal trespass in the second degree (Penal Law § 140.15[1]). Restitution was not part of the plea bargain, and thus the amended sentence exceeded the sentence promised in the...

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