Opinion
2012-11-21
The PEOPLE, etc., respondent, v. Mathew LESSNER, appellant.
David Gandin, Walden, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
David Gandin, Walden, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, DutchessCounty(Forman, J.), rendered April 19, 2011, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the County Court erred in imposing an amount of restitution without a hearing because there was insufficient evidence in the record to allow the County Court to determine the amount he should pay. However, since the defendant failed to request a restitution hearing or object to the amount of restitution he was required to pay, his present claim regarding the amount of restitution is unpreserved for appellate review ( see People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132;People v. Francis, 82 A.D.3d 1263, 919 N.Y.S.2d 394; People v. Nelson, 77 A.D.3d 973, 909 N.Y.S.2d 642;People v. Rojas, 74 A.D.3d 1369, 903 N.Y.S.2d 258). In any event, there was sufficient evidence in the record to support the County Court's determination as to the amount of restitution ( see People v. Kim, 91 N.Y.2d 407, 410–411, 671 N.Y.S.2d 420, 694 N.E.2d 421;People v. Harris, 72 A.D.3d 1110, 1112, 900 N.Y.S.2d 137;People v. Lawson, 65 A.D.3d 1380, 1381, 885 N.Y.S.2d 621;People v. Charles, 309 A.D.2d 873, 874, 766 N.Y.S.2d 42).
The defendant's remaining contention is unpreserved for appellate review.