People v. Brown

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Defendant agreed to enter a plea of guilty to grand larceny in the fourth degree in exchange for a promised sentence of no more than one year of incarceration plus restitution in the amount of $930. At sentencing, the court imposed a one year term of imprisonment, but then imposed a $1,000 fine and $155 penalty assessment in lieu of the restitution of $930. That was error. A sentencing court may not impose a more…