People v. Barton

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Jefferson County Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to criminal possession of marihuana in the third degree in satisfaction of a four-count indictment and was sentenced to a term of probation of five years and directed to pay restitution in the amount of $2,517.92. Although the plea agreement provided for restitution, no amount appears in the record of the plea colloquy. Defendant stated at sentencing that the amount in the presentence…