Opinion
March 4, 1991
Appeal from the County Court, Nassau County (Thorp, J.).
Ordered that the sentence is modified, on the law, by vacating the restitution provision; as so modified, the sentence is affirmed.
The Court of Appeals has held that law enforcement officials are not entitled to restitution of "buy money" (see, People v Rowe, 152 A.D.2d 907, affd 75 N.Y.2d 948; see also, People v Gonzalez, 164 A.D.2d 943; People v Cerna, 163 A.D.2d 409). Accordingly, the defendant's sentence must be modified by vacating so much of it as directed restitution of the "buy money".
As the term of incarceration imposed upon the defendant was the sentence bargained for by him and promised by the court in connection with the plea agreement, the defendant may not now be heard to complain (see, People v Gonzalez, supra; People v Handlin, 156 A.D.2d 380; People v Winston, 114 A.D.2d 918; People v Kazepis, 101 A.D.2d 816, 817). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.