People v. Maliszewski

We agree with defendant that the court erred in enhancing his sentence of incarceration based upon his failure to pay restitution arising from previous convictions. “Restitution may be based only on ‘the offense for which a defendant was convicted, as well as any other offense that is part of the same criminal transaction or that is contained in any other accusatory instrument disposed of by any plea of guilty’ ” (People v Visser, 256 AD2d 1106, 1107 [1998], quoting Penal Law § 60.27 [4] [a]; see People v Casiano, 8 AD3d 761, 762-763 [2004]; People v Diola, 299 AD2d 962 [2002], lv denied 99…