Opinion
2014-03-21
The PEOPLE of the State of New York, Respondent, v. Stephen M. WAPNIEWSKI, Defendant–Appellant.
Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.), rendered July 24, 2012. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree and welfare fraud in the fifth degree.
Norman P. Effman, Public Defender, Warsaw (Gregory A. Kilburn of Counsel), for Defendant–Appellant.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, welfare fraud in the fifth degree (Penal Law § 158.05). Defendant's valid waiver of the right to appeal encompasses his contention that County Court erred in directing him to pay a specified amount of restitution without conducting a hearing “inasmuch as that amount was an explicit part of defendant's agreed-upon plea bargain” ( People v. Taylor, 70 A.D.3d 1121, 1122, 894 N.Y.S.2d 572,lv. denied14 N.Y.3d 845, 901 N.Y.S.2d 151, 927 N.E.2d 572;see People v. Thomas, 77 A.D.3d 1325, 1326, 908 N.Y.S.2d 284,lv. denied 16 N.Y.3d 800, 919 N.Y.S.2d 517, 944 N.E.2d 1157).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, and VALENTINO, JJ., concur.