| People v Taylor |
| 2010 NY Slip Op 01021 [70 AD3d 1121] |
| February 11, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Barry Taylor,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), forrespondent.
Lahtinen, J. Appeal from a judgment of the Supreme Court (Lamont, J.), rendered June 20,2008 in Albany County, convicting defendant upon his plea of guilty of the crime of criminalpossession of a forged instrument in the second degree.
Defendant was charged in an indictment with three counts of criminal possession of a forgedinstrument in the second degree and three counts of petit larceny in connection with hispossession and negotiation of three forged checks in the amounts of $311.91, $491.83 and$491.62. He pleaded guilty to one count of criminal possession of a forged instrument in thesecond degree in full satisfaction of the entire indictment and executed a written waiver of hisright to appeal. Thereafter, in accordance with the negotiated plea agreement, Supreme Courtsentenced defendant as a second felony offender to a prison term of 3 to 6 years and orderedrestitution in the amount of $1,295.36.
Defendant's lone assertion here—that Supreme Court erred in imposing $1,295.36 inrestitution without first conducting a hearing—is precluded by his valid waiver of appealinasmuch as that amount was an explicit part of defendant's agreed-upon plea bargain (see People v Gilmour, 61 AD3d1122, 1123-1124 [2009], lv denied 12 NY3d 925 [2009]; cf. People v McLean, 59 AD3d859, 860-861 [2009]). In any event, contrary to defendant's contention, the [*2]court properly imposed restitution in the amount of all three forgedchecks given that defendant's guilty plea was in full satisfaction of the six-count indictment(see Penal Law § 60.27 [4] [a]; People v Casiano, 8 AD3d 761, 762 [2004]).
Peters, J.P., Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment isaffirmed.