Opinion
September 30, 1997
Appeal from Livingston County Court, Alonzo, J.
Present — Denman, P.J., Pine, Balio, Boehm and Fallon, JJ.
Defendant appeals from a judgment convicting him of burglary in the second degree, imposing a seven-year determinate sentence of imprisonment, and ordering him to pay restitution in the amount of $2,418.81. Defendant contends that County Court erred in ordering restitution without conducting a hearing.
Defense counsel waived defendant's right to a restitution hearing, expressly stating that defendant "doesn't wish to contest [the amount of restitution] any further" (see, People v Kelly, 238 A.D.2d 938; People v. Lugo, 191 A.D.2d 638).