People v. Gibson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Where the plea minutes do not indicate that a plea of guilty was negotiated with terms that included restitution, at sentencing the defendant should be “given an opportunity either to withdraw his plea or to accept the enhanced sentence that included both restitution and a prison sentence” (People v Ortega, 61 AD3d 705, 706 [2009]; see People v Kegel, 55 AD3d 625 [2008]; People v Henderson, 44 AD3d 873, 874 [2007]). Here, although the plea minutes do not indicate that the defendant’s plea of guilty was negotiated with terms that included restitution, at sentencing, after being given an…
2Cases cited13 opinions
- People v. FordNew York Court of Appeals · 1995
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. AhmedNew York Court of Appeals · 1985
- People v. PetgenNew York Court of Appeals · 1982
- People v. KegelAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by18 opinions
- People v. RemingtonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PoznanskiAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PoznanskiAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 2013
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