People v. Sore

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered December 22, 2011, convicting defendant, upon his plea of guilty, of possessing or transporting for the purpose of sale more than 30,000 unstamped cigarettes, and sentencing him to a term of 2 to 6 years, and ordering him to pay $3,326,700 in restitution, unanimously modified, on the law, to the extent of vacating the restitution order, and remanding for a hearing on restitution, and otherwise affirmed.

The record fails to support the People’s argument that the court imposed a fine rather than restitution. Defendant agreed to…