| People v Lessner |
| 2012 NY Slip Op 08037 [100 AD3d 929] |
| November 21, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Mathew Lessner, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman,J.), rendered April 19, 2011, convicting him of attempted burglary in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the County Court erred in imposing an amount of restitutionwithout a hearing because there was insufficient evidence in the record to allow the County Courtto determine the amount he should pay. However, since the defendant failed to request arestitution hearing or object to the amount of restitution he was required to pay, his present claimregarding the amount of restitution is unpreserved for appellate review (see People vHorne, 97 NY2d 404, 414 n 3 [2002]; People v Francis, 82 AD3d 1263 [2011]; People v Nelson, 77 AD3d 973[2010]; People v Rojas, 74 AD3d1369 [2010]). In any event, there was sufficient evidence in the record to support the CountyCourt's determination as to the amount of restitution (see People v Kim, 91 NY2d 407,410-411 [1998]; People v Harris, 72AD3d 1110, 1112 [2010]; People vLawson, 65 AD3d 1380, 1381 [2009]; People v Charles, 309 AD2d 873, 874[2003]).
The defendant's remaining contention is unpreserved for appellate review. Angiolillo, J.P.,Florio, Leventhal and Lott, JJ., concur.