Opinion
May 7, 1999
Appeal from Judgment of Wayne County Court, Parenti, J. — Grand Larceny, 3rd Degree.
Present — Lawton, J. P., Wisner, Hurlbutt, Callahan and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in accepting his guilty plea without a sufficient colloquy with respect to each element of the crime charged. Because defendant failed to move to withdraw his plea or to vacate the judgment of conviction, that contention has not been preserved for our review (see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Ayala, 226 A.D.2d 1127, lv denied 88 N.Y.2d 964). This is not one of those rare cases where a defendant's recitation of the facts underlying the crime casts significant doubt upon defendant's guilt (see, People v. Harris, 233 A.D.2d 959, lv denied 89 N.Y.2d 1094; People v. Ayala, supra, at 1128). We reject the contention of defendant that the court erred in determining the amount of restitution without conducting a hearing (cf., People v. McElrath, 241 A.D.2d 932). Finally, the evidence, the law and the circumstances of this case, viewed in totality and as of the time of the representation, establish that defendant received effective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137, 147).