Gantt v. Martuscello

Appeal from a judgment of the Supreme Court (Lalor, J.), entered September 9, 2010 in Greene County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

*1656In July 2008, petitioner pleaded guilty to two counts of burglary in the second degree in full satisfaction of a 21-count indictment. He was sentenced to concurrent 12-year prison terms, to be followed by five years of postrelease supervision, restitution and applicable surcharges. On appeal, we found that restitution was improperly imposed and remitted the matter for further proceedings (People v Gantt, 63 AD3d 1379…