People v. Diola

Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), entered January 4, 2001, convicting defendant upon his plea of guilty of grand larceny in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the amount of restitution ordered and as modified the judgment is affirmed and the matter is remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the following memorandum: We agree with defendant that Supreme Court erred in ordering him to pay restitution in…