| People v Wright |
| 2010 NY Slip Op 09788 [79 AD3d 1789] |
| December 30, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v ChristopherWright, Appellant. |
—[*1] Richard M. Healy, District Attorney, Lyons (Jacqueline McCormick of counsel), forrespondent.
Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered August27, 2009. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the thirddegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of grandlarceny in the third degree (Penal Law former § 155.35), defendant contends that CountyCourt erred in failing to conduct a restitution hearing. Defendant failed to preserve thatcontention for our review "inasmuch as he failed to object to the amount of restitution atsentencing or to request a hearing with respect thereto" (People v Jorge N.T., 70 AD3d 1456, 1457 [2010], lv denied14 NY3d 889 [2010]; see People vMarvin, 68 AD3d 1729 [2009], lv denied 14 NY3d 842 [2010]). Furthermore,defendant waived that contention because he expressly consented to the amount of restitutionimposed (see People v Brown, 70AD3d 1378 [2010]; People vVogel, 20 AD3d 865 [2005], appeal dismissed 6 NY3d 728 [2005]). Thesentence is not unduly harsh or severe. Present—Martoche, J.P., Centra, Fahey, Lindleyand Sconiers, JJ.