| People v Rossborough |
| 2012 NY Slip Op 07715 [100 AD3d 1149] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Ronald D.Rossborough, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (Susan Rider-Ulacco of counsel), forrespondent.
Garry, J. Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered September 23, 2010, convicting defendant upon his plea of guilty of the crime offorgery in the second degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to one count of forgery inthe second degree and agreed to pay restitution. County Court sentenced defendant to anagreed-upon prison term of 2 to 4 years, and further ordered him to pay $3,467.50 in restitution.Defendant contends upon this appeal that County Court was obliged to conduct a restitutionhearing, but he expressed satisfaction with the factual basis for the amount ordered and agreed toproceed to sentencing without a restitution hearing. His argument is thus unpreserved for ourreview, and we perceive no reason to take corrective action in the interest of justice (seePeople v Horne, 97 NY2d 404, 414 n 3 [2002]; People v Klages, 90 AD3d 1149, 1151 [2011], lv denied 18NY3d 925 [2012]; People vNaumowicz, 76 AD3d 747, 748 [2010]).
Mercure, J.P., Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.