People v Sanchez

2013 NY Slip Op 01100 [103 AD3d 819]

February 20, 2013

Appellate Division, Second Department

As corrected through Wednesday, March 27, 2013

The People of the State of New York,Respondent, v Harry L. Sanchez, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), forrespondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R.Doyle, J.), rendered October 24, 2011, convicting him of willfully attempting in anymanner to evade or defeat the taxes or payment thereof on 10,000 cigarettes or more,upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court failed to conduct a hearing oradduce sufficient evidence to determine the amount of restitution imposed is unpreservedfor appellate review, since the defendant failed to request a hearing or otherwisechallenge the amount of restitution imposed at sentencing (see People v Winslow, 100AD3d 1031 [2012]; Peoplev Toomer, 61 AD3d 899, 900 [2009]). In any event, since the defendant agreedto the amount of restitution imposed as part of a plea agreement, the Supreme Court didnot err in imposing restitution in the sum of $62,640 without conducting a hearing (see People v Winslow, 100AD3d 1031 [2012]; People v Toomer, 61 AD3d at 900). Dillon, J.P., Hall,Roman and Cohen, JJ., concur.