| People v Nickel |
| 2012 NY Slip Op 05674 [97 AD3d 983] |
| July 19, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JenniferNickel, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), renderedFebruary 7, 2011, convicting defendant upon her plea of guilty of the crime of burglary in thesecond degree (two counts).
In 2010, defendant, who operated a home cleaning business, was charged in two indictmentswith various crimes after she stole numerous items, including jewelry, clothing and furniture,from approximately 14 households where she had been employed. Thereafter, defendant pleadedguilty to two counts of burglary in the second degree in satisfaction of both indictments, and wassentenced to six years in prison followed by five years of postrelease supervision. County Courtalso directed defendant to make restitution in the amount of $3,980. Defendant appeals, and wenow affirm.
Defendant's claim that there was insufficient evidence in the record supporting the amount ofrestitution ordered is unpreserved for our review in light of her failure to request a hearing orotherwise challenge the restitution amount at sentencing (see People v Vasavada, 93 AD3d 893, 894 [2012]; People v White, 66 AD3d 1130,1130-1131 [2009]). Her challenge to the duration of the order of protection issued at sentencingis similarly unpreserved (see CPL 470.05 [2]; see generally People v Nieves, 2 NY3d 310 [2004]). Finally,defendant's claim that the sentence imposed is harsh and excessive is without merit.
Mercure, J.P., Rose, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.