People v Fields
2012 NY Slip Op 08762 [101 AD3d 1043]
December 19, 2012
Appellate Division, Second Department
As corrected through Wednesday, February 6, 2013


The People of the State of New York,Respondent,
v
Kwanell Fields, Appellant.

[*1]Terry D. Horner, Poughkeepsie, N.Y., for appellant.

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 (Dolan, J.),rendered July 15, 2010, convicting him of attempted burglary in the second degree, upon his pleaof guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the County Court erred in setting, without a hearing, the amountof restitution he was required to pay. However, since the defendant failed to request a restitutionhearing and did not object to the amount of restitution he was required to pay, his present claimregarding the amount of restitution imposed 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 Harris, 72 AD3d1110, 1112 [2010]), and we decline to review it in the exercise of our interest of justicejurisdiction. Dillon, J.P., Hall, Roman and Cohen, JJ., concur.


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