Opinion
05-01-2015
The PEOPLE of the State of New York, Respondent, v. Domingo E. CANDELARIA, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for Defendant–Appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for Defendant–Appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05[1] ). Contrary to defendant's contention, the sentence is not unduly harsh or severe. Defendant waived his right to a restitution hearing and therefore waived his further contention that the amount of restitution is not supported by the record (see People v. Tessitore, 101 A.D.3d 1621, 1621, 956 N.Y.S.2d 372, lv. denied 20 N.Y.3d 1104, 965 N.Y.S.2d 800, 988 N.E.2d 538 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, and VALENTINO, JJ., concur.