Opinion
2021–09250 S.C.I. No. 99/21
12-06-2023
The PEOPLE, etc., respondent, v. Sean RANDEL, appellant.
Carol Kahn, New York, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.
Carol Kahn, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.
HECTOR D. LASALLE, P.J., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, JANICE A. TAYLOR, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered December 3, 2021, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court erred in imposing both restitution and a mandatory surcharge is unpreserved for appellate review (see People v. Stebbins, 171 A.D.3d 1395, 1397, 98 N.Y.S.3d 670 ; People v. Francis, 82 A.D.3d 1263, 919 N.Y.S.2d 394 ; People v. Salmans, 49 A.D.3d 961, 962, 853 N.Y.S.2d 675 ; People v. Ziolkowski, 9 A.D.3d 915, 779 N.Y.S.2d 708 ). In any event, the contention is without merit (see Penal Law § 60.35[6] ; People v. Quinones, 95 N.Y.2d 349, 352, 717 N.Y.S.2d 86, 740 N.E.2d 231 ; People v. Hall, 303 A.D.2d 601, 756 N.Y.S.2d 494 ).
The defendant's contention that the matter requires remittal to the County Court, Dutchess County, for a reconstruction hearing with regard to a purported off-the-record presentence conference is unpreserved for appellate review (see CPL 470.05[2] ) and based, in part, on matter outside the record. In any event, the defendant failed to establish his entitlement to a reconstruction hearing (see People v. Parris, 4 N.Y.3d 41, 44, 49–50, 790 N.Y.S.2d 421, 823 N.E.2d 827 ; see also Matter of Benjamin S., 55 N.Y.2d 116, 120, 447 N.Y.S.2d 905, 432 N.E.2d 777 ; People v. Frederick, 45 N.Y.2d 520, 526, 410 N.Y.S.2d 555, 382 N.E.2d 1332 ; People v. Selikoff, 35 N.Y.2d 227, 360 N.Y.S.2d 623, 318 N.E.2d 784 ).
LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.