People v. Kegel
| Decision Date | 07 October 2008 |
| Docket Number | 2007-06293 |
| Citation | 2008 NY Slip Op 07684,867 N.Y.S.2d 96,55 A.D.3d 625 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK KEGEL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is reversed, on the law, the sentence is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.
Although a court is free to reserve the right to order restitution as part of a plea bargain, the plea minutes in this case do not indicate that the plea of guilty was negotiated with terms that included restitution (see People v Henderson, 44 AD3d 873, 873-874 [2007]). Accordingly, at sentencing, the defendant should have been given an opportunity either to withdraw his plea or to accept the enhanced sentence of restitution and a prison sentence (see People v Toms, 293 AD2d 768, 769 [2002]; People v Watson, 287 AD2d 889, 890 [2001]; People v Cisco, 208 AD2d 643 [1994]; People v Cowan, 168 AD2d 509 [1990]). Since the defendant was not afforded this opportunity, we remit the matter for that purpose, or for the imposition of the agreed-upon sentence.
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