People v. Klein

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered April 5, 2011, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

“Where the plea minutes do not indicate that a plea of guilty was negotiated with terms that included restitution, at sentencing, the defendant should be given an opportunity either to withdraw his plea or to accept the addition of restitution to his negotiated sentence” (People v Keenum, 101 AD3d 1045, 1045 [2012]; see People v Poznanski, 105…