Agoney v. Feinberg

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to prohibit respondents from enforcing an order of restitution and to direct that a warrant for the arrest of petitioner be vacated.

On May 13, 1980, petitioner was convicted upon her plea of guilty of grand larceny in the third degree and forgery in the second degree before respondent Robert J. Feinberg, Clinton County Judge (hereinafter respondent). At that time, petitioner was advised that, under the terms of the plea bargain, she would be sentenced to five years’ probation on the grand larceny…