Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to County Court, Nassau County, for further proceedings consistent herewith.
We find that the defendant's plea was knowing and voluntary and that the allocution was factually sufficient (see, People v. Lopez, 71 N.Y.2d 662, 666). However, the plea minutes do not indicate that the defendant agreed to the payment of $4,456.99 in restitution as a condition of the sentence. Although a court is, of course, free to reserve the right to order restitution with or without the defendant's consent, the guilty plea in this case was negotiated on terms that did not include mention of restitution. Accordingly, at sentencing, the defendant should have been given an opportunity either to withdraw his plea or to accept the greater sentence of restitution in addition to a prison sentence (see, People v. Lopez, 135 A.D.2d 739, 739-740). Since he was not afforded this opportunity, we now remit the matter for that purpose. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.