People v Passalacqua

2007 NY Slip Op 06724 [43 AD3d 964]

September 11, 2007

Appellate Division, Second Department

As corrected through Wednesday, November 7, 2007

The People of the State of New York,Respondent, v Angelo Passalacqua, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), forrespondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen,J.), rendered August 23, 2004, convicting him of petit larceny, upon his plea of guilty, andimposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the sentencing court failed to conduct a hearing to determinethe amount of restitution and the defendant's ability to pay are unpreserved for appellate review(see People v Taylor, 245 AD2d 398 [1997]; People v Ali, 233 AD2d 517[1996]; People v Lugo, 191 AD2d 648 [1993]). Schmidt, J.P., Krausman, Goldstein,Covello and Angiolillo, JJ., concur.