| People v Scott |
| 2010 NY Slip Op 05294 [74 AD3d 1582] |
| June 17, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JohnE. Scott, Appellant. |
—[*1] Derek P. Champagne, District Attorney, Malone, for respondent.
Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), renderedNovember 24, 2008, convicting defendant upon his plea of guilty of the crime of assault in thesecond degree.
Defendant pleaded guilty to the crime of assault in the second degree and waived his right toappeal. County Court sentenced him, as agreed, to a prison term of three years and postreleasesupervision of five years, and further imposed a fine and ordered restitution. Defendant nowappeals, asserting that County Court failed to advise him that restitution could be a part of hissentence.
While we agree with defendant that the issue is properly before us and not encompassed byhis appeal waiver, we nevertheless affirm (see People v McNulty, 70 AD3d 1127, 1128 [2010]; People v Branch-El, 12 AD3d785, 786 [2004], lv denied 4 NY3d 761 [2005]). During the plea colloquy,defendant was specifically warned by County Court that it could order restitution as part of thesentence. As defendant entered into his guilty plea with full knowledge that restitution could beimposed, County Court was not obligated to permit him to withdraw his plea or otherwise obtainhis consent to the restitution component of his sentence (see People v McKenzie, 28 AD3d 942, 943 [2006], lvdenied 7 NY3d 759 [2006]; cf.People v Sawyer, 55 AD3d 949, 951 [2008]).
Peters, J.P., Spain, Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed.