| People v Lanzara |
| 2009 NY Slip Op 00740 [59 AD3d 936] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Kevin R.Lanzara, Appellant. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Sasha Samberg-Champion of counsel), forrespondent.
Appeal from a judgment of the Lewis County Court (Charles C. Merrell, J.), renderedJanuary 12, 2007. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the second degree (Penal Law § 220.18[1]), defendant contends that County Court erred in imposing a fine without conducting a hearingto determine his ability to pay. That contention is encompassed by defendant's valid waiver ofthe right to appeal (see generally People v Hidalgo, 91 NY2d 733, 737 [1998];People v Horton, 256 AD2d 1105 [1998], lv denied 93 NY2d 972 [1999]). In anyevent, "appellate challenges to the procedures utilized in determining and imposing sentence areforfeited if they are not raised in a timely manner before the trial court" (People vCallahan, 80 NY2d 273, 281 [1992]), and here defendant forfeited that challenge by failingto raise it before the sentencing court. Present—Hurlbutt, J.P., Smith, Fahey, Peradottoand Pine, JJ.