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The People of the State of New York, Respondent v. Paul R. Tenney

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 8, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
PAUL R. TENNEY, ALSO KNOWN AS PAUL RYAN TENNEY, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 4, 2010.

People v Tenney

Decided on June 8, 2012

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.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of grand larceny in the third degree (Penal Law § 155.35 [1]) and imposing a sentence of a term of incarceration and, in appeal No. 2, he appeals from a judgment ordering him to pay restitution in the amount of $108,091.10. Addressing first appeal No. 1, defendant's sole contention is that the sentence is unduly harsh and severe, and we reject that contention. As for appeal No. 2, defendant waived his sole contention therein, i.e., that County Court erred in failing to conduct a restitution hearing, inasmuch as he stipulated to the amount of restitution owed (see People v Faso, 82 AD3d 1584, 1584-1585, lv denied 17 NY3d 816, 952; People v Brown, 70 AD3d 1378, 1379).

Entered: June 8, 2012

Frances E. Cafarell Clerk of the Court

20120608

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