People v. Schwickrath

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered November 10, 2005, which resentenced defendant following his conviction of the crimes of burglary in the second degree, grand larceny in the fourth degree, burglary in the third degree, petit larceny and endangering the welfare of a child.

When this case was previously before us, we vacated defendant’s sentence on the basis that the imposition of restitution was improper because that issue had not been set forth in the plea agreement (23 AD3d 707 [2005]). In remitting the matter to County Court, we directed…