| People v Roots |
| 2008 NY Slip Op 00729 [48 AD3d 1031] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Willie G.Roots, Appellant. |
—[*1] Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), forrespondent.
Appeal from a judgment of the Livingston County Court (Gerald J. Alonzo, J.), renderedApril 28, 2005. The judgment convicted defendant, upon his plea of guilty, of robbery in the firstdegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty,of robbery in the first degree (Penal Law § 160.15 [4]). Contrary to the contention ofdefendant, the certificate of conviction accurately reflects that his plea of guilty satisfied all 11counts of the indictment. We note, however, that the sentence and commitment incorrectlyreflects that defendant pleaded guilty to count two of the indictment, and it should therefore beamended to reflect that he pleaded guilty to count three (see generally People v Martinez, 37 AD3d 1099 [2007], lvdenied 8 NY3d 947 [2007]). The contention of defendant that County Courtimproperly relied on the "pre-plea/presentence" report in fixing the amount of restitution is notpreserved for our review inasmuch as he neither requested a restitution hearing nor objected tothe amount of restitution ordered (seePeople v Peck, 31 AD3d 1216 [2006], lv denied 9 NY3d 992 [2007]; People v Bland, 27 AD3d 1052[2006], lv denied 6 NY3d 892 [2006]; People v Collins, 302 AD2d 958 [2003],lv denied 99 NY2d 653 [2003]), and we decline to exercise our power to review thatcontention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).Present—Scudder, P.J., Centra, Fahey, Green and Pine, JJ.