Opinion
2001-06873
Submitted October 30, 2002.
May 5, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered July 25, 2001, convicting her of burglary in the third degree, upon her plea of guilty, and imposing sentence.
John R. Lewis, Sleepy Hollow, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the County Court failed to conduct a hearing or adduce any evidence to determine the amount of restitution imposed. However, this claim is unpreserved for appellate review since the defendant failed to request a hearing or challenge the amount of restitution imposed at sentencing (see People v. Horne, 97 N.Y.2d 404, 414, n 3; Penal Law § 60.27).
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.