Opinion
2014-01-8
The PEOPLE, etc., respondent, v. Aubrey JONES, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered April 27, 2012, convicting him of criminal possession of stolen property in the fifth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the sentencing court failed to conduct an in-depth inquiry to determine his ability to pay restitution as a condition of his sentence of probation is unpreserved for appellate review ( see People v. Dillon, 90 A.D.3d 1468, 1468–1469, 935 N.Y.S.2d 390; People v. Harris, 72 A.D.3d 1110, 1112–1113, 900 N.Y.S.2d 137; People v. Passalacqua, 43 A.D.3d 964, 964, 840 N.Y.S.2d 915; People v. Taylor, 245 A.D.2d 398, 398–399, 666 N.Y.S.2d 440), and we decline to address the contention in the exercise of our interest of justice jurisdiction. SKELOS, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.