| People v Nathan |
| 2010 NY Slip Op 09292 [79 AD3d 910] |
| December 14, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AngelaNathan, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered October 16, 2009, convicting her of burglary in the third degree, upon her plea of guilty, andimposing sentence, including restitution in the sum of $878.50.
Ordered that the judgment is affirmed.
The defendant maintains that the restitution component of the judgment in the sum of $878.50should be vacated because the County Court failed to fix the time and manner of performance on therecord at the time of sentencing. This claim is unpreserved for appellate review (see CPL470.05 [2]; People v Toxey, 86 NY2d 725, 726 [1995]; People v Bruno, 73 AD3d 941, 942 [2010]; People v Harris, 72 AD3d 1110, 1112[2010]). In any event, contrary to the defendant's contention, the record reveals that the County Courtfixed the amount of restitution and directed the manner of performance at sentencing (see CPL420.10; Penal Law § 60.27; People vBrown, 70 AD3d 1378, 1379 [2010]; cf. People v Jackson, 180 AD2d 755[1992]). Fisher, J.P., Dillon, Balkin, Chambers and Sgroi, JJ., concur.