People v. Simmons

Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered October 15, 1987, convicting her of attempted criminal sale of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the provision thereof which requires the defendant to make restitution in the amount of $20; as so modified, the judgment is affirmed.

Having failed to move prior to the imposition of sentence to withdraw her plea, the defendant has not preserved her instant challenge to the…