Opinion
April 21, 1994
Appeal from the Supreme Court, New York County (George Roberts, J.).
The plea minutes disclose that in return for the entry of a guilty plea to the top count of the indictment and execution of a confession of judgment in the amount of $16,420, the court promised to sentence defendant to five years probation. At sentencing, the court was under the mistaken belief that restitution was part of the plea bargain, which belief was not corrected by the prosecutor. As the People concede, since the sentence imposed did not conform to the terms of the plea bargain, the portion of defendant's sentence directing restitution must be vacated (People v Allen, 170 A.D.2d 686; see, People v Bright, 194 A.D.2d 479). However, the confession of judgment remains.
Concur — Carro, J.P., Kupferman, Asch, Nardelli and Williams, JJ.