| People v Francis |
| 2011 NY Slip Op 02698 [82 AD3d 1263] |
| March 29, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Wayne Francis, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Barbara Kornblau of counsel; MatthewC. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.),rendered March 10, 2010, convicting him of identity theft in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
On appeal, the defendant contends that the County Court erred in imposing restitutionwithout a hearing because, inter alia, there was insufficient evidence in the record to allow theCounty Court to determine the amount he should pay. However, since the defendant failed torequest a restitution hearing, and did not object to the amount of restitution he was required topay, his present claims regarding the imposition of restitution are unpreserved for appellatereview (see People v Horne, 97 NY2d 404, 414 n 3 [2002]; People v Nelson, 77AD3d 973 [2010], lv denied 15 NY3d 954 [2010]; People v Harris, 72 AD3d1110, 1112 [2010]; People v Isaacs, 71 AD3d 1161 [2010]; People v Golgoski,40 AD3d 1138 [2007]).
The defendant's challenge to the imposition of the mandatory surcharge and crime victimassistance fee also is unpreserved for appellate review (see People v Ruz, 70 NY2d 942,943 [1988]; People v Fauntleroy, 57 AD3d 1167, 1168 [2008]; People vZiolkowski, 9 AD3d 915 [2004]; People v Acevedo, 243 AD2d 572, 573 [1997]).Rivera, J.P., Angiolillo, Eng and Sgroi, JJ., concur.