People v Toomer

2009 NY Slip Op 03205 [61 AD3d 899]

April 21, 2009

Appellate Division, Second Department

As corrected through Wednesday, June 10, 2009

The People of the State of New York,Respondent, v Howard Toomer, Appellant.

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo,J.), rendered March 20, 2007, convicting him of grand larceny in the second degree, upon hisplea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the County Court failed to conduct a hearing or to adducesufficient evidence to determine the amount of restitution imposed. However, this claim isunpreserved for appellate review since the defendant failed to request a hearing or otherwisechallenge the amount of restitution imposed at sentencing (see Penal Law § 60.27[2]; People v Horne, 97 NY2d 404, 414 n 3 [2002]; People v Allen, 305 AD2d421 [2003]). In any event, since the defendant agreed at sentencing to the amount of restitutionimposed by the court, the court did not err in imposing restitution without conducting a hearing(see People v Ali, 233 AD2d 517 [1996]; People v Jackson, 201 AD2d 504[1994]). Mastro, J.P., Fisher, Miller, Dickerson and Chambers, JJ., concur.