AD4: restitution must be part of plea agreement

People v Kistner, 2006 NY Slip Op 08516 [available here]

People v Appleberry, 2006 NY Slip Op 08434 [available here]

If a defendant is sentenced to pay restitution that was not included as a term of his or her guilty plea, then the plea must be vacated and the matter remanded to give the defendant an opportunity to withdraw the plea. (See Kistner, 2006 NY Slip Op 08516; Appleberry, 2006 NY Slip Op 08434.) This issue survives a waiver of the right to appeal, and it remains one of the few issues that the Fourth Department will reliably reach in the interest of justice. (See id.)