Legal Opinion

People v. Flecha

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 2001Published

1Opinion of the Court

—Order unanimously reversed on the law. Memorandum: County Court erred in directing defendant to pay restitution to the Crime Victims Board. Defendant’s plea was “negotiated on terms that did not include mention of restitution” (People v Cowan, 168 AD2d 509). Because the order of restitution fails to conform to the terms of the plea agreement, it must be reversed (see, People v Virola, 203 AD2d 164, 164-165; see also, People v Kevin C., 265 AD2d 828, 829). (Appeal from Order of Genesee County Court, Morton, J. — Restitution.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Lawton, JJ.

2Cases cited3 opinions

  1. People v. CowanAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. Kevin C.Appellate Division of the Supreme Court of the State of New York · 1999
  3. People v. VirolaAppellate Division of the Supreme Court of the State of New York · 1994