| People v Owens |
| 2004 NYSlipOp 06501 |
| Decided on September 7, 2004 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on September 7, 2004
NANCY E. SMITH, J.P.
SONDRA MILLER
THOMAS A. ADAMS
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
2002-07850
v
Leroy Keith Owens, appellant. (Ind. No. 02-36)
Del Atwell, Montauk, N.Y., for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y.
(Ann C. Sullivan of counsel), for
respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered July 2, 2002, convicting him of criminal mischief in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the sentencing court was without authority to waive the mandatory surcharge (see CPL 420.35). The defendant's further contention that the sentencing court erred in failing to hold a hearing on restitution is unpreserved for appellate review
(see CPL 470.05[2]; People v Sheehy, 274 AD2d 844). Finally, the defendant received the effective assistance of counsel (see People v Baldi, 54 NY2d 137, 147).[*2]
SMITH, J.P., S. MILLER, ADAMS, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court