People v. Scerbo

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oswego County Court for further proceed*886ings in accordance with the following Memorandum: Defendant agreed to enter a plea of guilty to burglary in the third degree in return for an indeterminate term of imprisonment of 3Vz to 7 years. At the time of sentencing, the court imposed the agreed upon sentence and further ordered defendant to pay restitution in the total sum of $1,958.25 (see, Penal Law § 60.27). That was error (see, People v Lefler, 193 AD2d 1143; People v Jackson, 188 AD2d 1086). Because the…