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People v. Flecha

283 A.D.2d 1023 Court N.Y. App. Div. Decision date 2001-05-02 English

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p. 1023
The People of the State of New York, Respondent, v Ismael Flecha, Appellant.
[724 NYS2d 396]

—Order unanimously reversed on the law. Memorandum: County Court erred in directing defendant to pay restitution to the Crime Victims Board. Defendant’s plea was “negotiated on terms that did not include mention of restitution” (People v Cowan, 168 AD2d 509 ). Because the order of restitution fails to conform to the terms of the plea agreement, it must be reversed (see, People v Virola, 203 AD2d 164 , 164-165; see also, People v Kevin C., 265 AD2d 828 , 829). (Appeal from Order of Genesee County Court, Morton, J. — Restitution.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Lawton, JJ.

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