Opinion
November 19, 1993
Appeal from the Genesee County Court, Punch, J.
Present — Pine, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We conclude that defendant's sentence was not harsh or excessive. Defendant may raise his alleged inability to pay the restitution ordered by the court in an application for resentencing pursuant to CPL 420.10 (5) (see, People v Erickson, 172 A.D.2d 1070).