| People v Hannig |
| 2009 NY Slip Op 09895 [68 AD3d 1779] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Michael E.Hannig, Appellant. |
—[*1] Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), forrespondent.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), renderedAugust 4, 2008. The judgment convicted defendant, upon his plea of guilty, of criminal mischiefin the third degree.
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 ofcriminal mischief in the third degree (Penal Law § 145.05 [2]). We note at the outset thatdefendant's release to parole supervision does not render moot defendant's contention that thesentence is unduly harsh or severe because defendant " 'remains under the control of the ParoleBoard until his sentence has terminated' " (People v Rowell, 5 AD3d 1073, 1074 [2004], lv denied 2NY3d 806 [2004]; see also People vBrown, 39 AD3d 1021 [2007]). We nevertheless reject defendant's contention withrespect to the severity of the sentence. Defendant failed to preserve for our review his challengeto the amount of restitution imposed by failing to request a hearing or to object to the amount ofrestitution (see People v Horne, 97 NY2d 404, 414 n 3 [2002]; People v Lovett, 8 AD3d 1007[2004], lv denied 3 NY3d 677 [2004]), and we decline to exercise our power to reviewthat challenge as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.