Opinion
Submitted April 26, 2000.
June 12, 2000.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered May 4, 1998, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Susan I. Braitman of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to object to the procedure utilized by the court in determining the amount of restitution. Therefore, his challenge on appeal is unpreserved for appellate review (see, CPL 470.05; People v. Callahan, 80 N.Y.2d 273, 281). In any event, since the defendant agreed at his plea allocution to the amount of restitution imposed by the court, the court did not err in imposing restitution without conducting a hearing (see, People v. Bushati, 246 A.D.2d 663; People v. Ali, 233 A.D.2d 517). In addition, the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.