| People v Visconti |
| 2012 NY Slip Op 05029 [96 AD3d 979] |
| June 20, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JustinVisconti, Appellant. |
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Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Berk and Joseph Mogelnicki ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.),rendered July 26, 2011, convicting him of attempted grand larceny in the second degree, upon hisplea of guilty, and imposing sentence, including restitution in the sum of $20,000.
Ordered that the judgment is modified, on the law, by vacating the provision of the sentencedirecting the defendant to pay restitution in the sum of $20,000 and substituting therefor aprovision directing the defendant to pay restitution in the sum of $15,000; as so modified, thejudgment is affirmed.
By pleading guilty, the defendant forfeited his right to judicial review of his claim that thegrand jury proceeding was rendered defective by the improper introduction of purported businessrecords (see People v Hansen, 95 NY2d 227, 231-233 [2000]; People v DiRaffaele, 55 NY2d 234, 240 [1982]; People v Ortiz, 84 AD3d 839, 840 [2011]; People v Nordahl, 46 AD3d 579,580 [2007]; People v Kalu, 45AD3d 699 [2007]).
The County Court providently exercised its discretion in denying the defendant's motion towithdraw his plea of guilty (see People vSeeber, 4 NY3d 780 [2005]; People v Amanze, 87 AD3d 1159 [2011]; People v Wiedmer, 71 AD3d 1067[2010]; People v McGhee, 62 AD3d1027 [2009]; CPL 220.60 [3]). The record reflects that the defendant knowingly, voluntarily,and intelligently entered his plea of guilty (see generally People v Catu, 4 NY3d 242, 244-245 [2005];People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Haffiz, 77 AD3d 767, 768 [2010]; People v Rhodes, 62 AD3d 815,816 [2009]).
As the People correctly concede, the amount of restitution imposed must be modified toconform to the County Court's determination at the restitution hearing (see People v Hooten, 81 AD3d1384 [2011]). Angiolillo, J.P., Florio, Belen and Chambers, JJ., concur.