People v. Baker

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered December 6, 2005, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree.

Defendant, indicted for grand larceny in the third degree, pleaded guilty. Under the terms of the plea agreement, defendant was to be sentenced, as a second felony offender, to 2 to 4 years in prison if he paid restitution prior to sentencing and, if he did not, to 272 to 5 years in prison. Defendant did not pay restitution prior to sentencing and was sentenced as a second felony offender to 272…