| People v Favreau |
| 2010 NY Slip Op 00589 [69 AD3d 1225] |
| January 28, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Darren L.Favreau, Appellant. |
—[*1] Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), forrespondent.
Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), renderedFebruary 6, 2008, convicting defendant upon his plea of guilty of the crime of grand larceny inthe fourth degree.
Defendant pleaded guilty to grand larceny in the fourth degree in satisfaction of a six-countindictment returned against defendant and a codefendant, in which defendant was charged withthree counts—grand larceny in the fourth degree, criminal possession of stolen property inthe fourth degree and conspiracy in the fifth degree. He was sentenced according to the pleaagreement to a term of imprisonment of 2 to 4 years and ordered to pay restitution jointly andseverally with his codefendants in the amount of $1,941.95. Defendant now appeals.
We affirm. Despite some initial confusion, County Court clearly informed defendant atsentencing of the specific amount of restitution to be paid. Defendant therefore waived hischallenge to the restitution order by failing to either request a hearing or challenge the amount ofrestitution at sentencing (see People vMilazo, 33 AD3d 1060, 1061 [2006], lv denied 8 NY3d 883 [2007]). In anyevent, contrary to defendant's contention, a restitution hearing was not required here as therecord evidence of the property stolen and its corresponding value supports the amount ofrestitution ordered (see People vGolgoski, 40 AD3d 1138, 1138 [2007]; People v Drew, 16 AD3d 840, 841 [2005]).[*2]
Cardona, P.J., Spain, Malone Jr., Kavanagh and Garry,JJ., concur. Ordered that the judgment is affirmed.