| People v White |
| 2009 NY Slip Op 07525 [66 AD3d 1130] |
| October 22, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Donald E.White, Appellant. |
—[*1]
Kane, J. Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.),rendered December 15, 2008, convicting defendant upon his plea of guilty of the crime of grandlarceny in the third degree.
In satisfaction of a two-count indictment and other pending charges, defendant pleadedguilty to one count of grand larceny in the third degree. The plea bargain included a prison term,waiver of the right to appeal and payment of restitution. At sentencing, County Court imposedthe agreed-upon prison sentence and ordered restitution in the amount of $10,519.79. Defendantnow appeals, focusing on the propriety and amount of the restitution order.
We affirm. Defendant's challenge to the restitution order is unpreserved because he failed torequest a hearing or challenge the amount of restitution at sentencing (see People v Melino, 52 AD3d1054, 1056 [2008], lv denied 11 NY3d 791 [2008]; People v Waugh, 52 AD3d 853,856 [2008], lv denied 11 NY3d 796 [2008]; see also Penal Law § 60.27[2]). In fact, when County Court clarified that defendant agreed to pay restitution, defensecounsel added that it would be paid "[a]ccording to whatever is in the probation report," anddefendant agreed that this statement was correct. The court did not improperly delegate its powerto impose restitution, but relied on the itemized list supplied by the Probation Department afterthe parties accepted those amounts (see People v Kim, 91 NY2d 407, 410-411 [1998]; People v Stephens, 51 AD3d1225, [*2]1225-1226 [2008]; compare People vFuller, 57 NY2d 152, 158-159 [1982]).
Mercure, J.P., Lahtinen, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed.