Opinion
January 26, 1998
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
As the defendant failed to object to the procedure utilized by the court in determining the amount of restitution, his challenge on appeal is not preserved for appellate review ( see, CPL 470.05; People v. Callahan, 80 N.Y.2d 273, 281). In any event, the court did not err in imposing restitution without conducting a hearing. The amount of restitution ordered was a condition of the defendant's plea of guilty ( see, People v. Brown, 224 A.D.2d 437, 438), and the defendant agreed to the amount at the plea allocution ( see, People v. Ali, 233 A.D.2d 517).
The defendant's remaining contention, that his sentence was otherwise excessive, is without merit, as he was sentenced in accordance with the plea agreement ( see, People v. Kazepis, 101 A.D.2d 816).
Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.