From Casetext: Smarter Legal Research

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 2010
70 A.D.3d 1047 (N.Y. App. Div. 2010)

Opinion

No. 2008-08534.

February 23, 2010.

Appeal by the defendant from a judgment of the County Court, Nassau County (Kase, J.), rendered August 11, 2008, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence, including restitution in the sum of $9,614.54.

Mark Diamond, New York, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch of counsel), for respondent.

Before: Skelos, J.P., Angiolillo, Chambers and Lott, JJ., concur.


Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the provision of the sentence directing the defendant to pay restitution in the sum of $9,614.54; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, there is no indication in the record that the defendant's plea of guilty was involuntary ( see People v Lopez, 71 NY2d 662, 666; People v Doceti, 175 AD2d 256). At sentencing, the defendant voluntarily withdrew his motion to vacate his plea of guilty after being advised that if the plea were vacated he could have a trial, but the court would no longer be bound to impose the promised sentence.

The plea minutes do not indicate that the plea of guilty was negotiated with terms that included restitution. At the time of sentencing, however, the court imposed restitution of $9,614.54 as a component of the sentence. On appeal, the People consent to vacatur of the restitution provision of the sentence. Accordingly, reaching the issue in the exercise of our interest of justice jurisdiction ( see CPL 470.15), we modify the sentence by vacating the provision directing the defendant to pay restitution in the sum of $9,614.54 so as to conform to the promise made to him in exchange for his plea of guilty.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 2010
70 A.D.3d 1047 (N.Y. App. Div. 2010)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KINGSLEY BROWN…

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

Date published: Feb 23, 2010

Citations

70 A.D.3d 1047 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 1661
893 N.Y.S.2d 901

Citing Cases

People v. Ronconi

In any event, the basis of this claim, that the County Court failed to inform him that he would receive an…

People v. Esquivel

ngly, at sentencing, the defendant should have been given an opportunity either to withdraw his plea or to…