| People v Williams |
| 2009 NY Slip Op 05413 [64 AD3d 1136] |
| July 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Stacey L.Williams, Appellant. |
—[*1] Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered April 27,2007. The order directed defendant to pay restitution.
It is hereby ordered that the order so appealed from is unanimously modified on the law byvacating the amount of restitution ordered and as modified the order is affirmed, and the matteris remitted to Genesee County Court for a new hearing in accordance with the followingmemorandum: Defendant was convicted upon his plea of guilty of burglary in the second degree(Penal Law § 140.25 [2]), and he now appeals from an order of restitution. Defendantcontends that County Court erred in ordering him to pay restitution in the amount of $4,812.35.We agree, for the same reason as that set forth in our decision in People v Bunnell (59 AD3d 942[2009], amended on rearg 63 AD3d 1671 [2009], amended 63 AD3d 1727[2009]). Although defendant failed to preserve his contention for our review (see CPL470.05 [2]), preservation is not required because defendant has an essential "right to besentenced as provided by law" (People v Fuller, 57 NY2d 152, 156 [1982]), and thatright is implicated here (see Bunnell, 63 AD3d 1727). We therefore modify the order byvacating the amount of restitution ordered, and we remit the matter to County Court for a newhearing to determine the amount of restitution in compliance with Penal Law § 60.27.Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.