Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered August 27, 2009. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 30, 2010
PRESENT: MARTOCHE, J.P., CENTRA, FAHEY, LINDLEY, AND SCONIERS, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of grand larceny in the third degree (Penal Law former § 155.35), defendant contends that County Court erred in failing to conduct a restitution hearing. Defendant failed to preserve that contention for our review "inasmuch as he failed to object to the amount of restitution at sentencing or to request a hearing with respect thereto" (People v Jorge N.T., 70 AD3d 1456, 1457, lv denied 14 NY3d 889; see People v Marvin, 68 AD3d 1729, lv denied 14 NY3d 842). Furthermore, defendant waived that contention because he expressly consented to the amount of restitution imposed (see People v Brown, 70 AD3d 1378; People v Vogel, 20 AD3d 865, appeal dismissed 6 NY3d 728). The sentence is not unduly harsh or severe.
Entered: December 30, 2010
Patricia L. Morgan Clerk of the Court
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