| People v Haylett |
| 2012 NY Slip Op 07691 [100 AD3d 774] |
| November 14, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v PaulD. Haylett, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.),rendered June 17, 2010, convicting him of robbery in the second degree, upon his plea of guilty,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the County Court erred in imposing restitution without a hearingbecause there was insufficient evidence in the record to support its finding of the actual dollaramount and out-of-pocket loss to the victim caused by the defendant's crime. However, since thedefendant failed to request a restitution hearing and did not object to the amount of restitution hewas required to pay, his present claims regarding the imposition of restitution are unpreserved forappellate review (see People v Horne, 97 NY2d 404, 414 n 3 [2002]; People v Francis, 82 AD3d 1263[2011]; People v Nelson, 77 AD3d973 [2010]; People v Harris, 72AD3d 1110, 1112 [2010]), and we decline to review them in the exercise of our interest ofjustice jurisdiction. Mastro, J.P., Balkin, Chambers and Sgroi, JJ., concur.