| People v Hulett |
| 2013 NY Slip Op 03703 [106 AD3d 1330] |
| May 23, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vRobert Hulett, Jr., Appellant. |
—[*1] Richard J. McNally Jr., District Attorney, Troy (Kelly L. Egan of counsel), forrespondent.
Appeal from a judgment of the County Court of Rensselaer County (Jacon, J.),rendered March 22, 2011, convicting defendant upon his plea of guilty of the crime ofburglary in the second degree.
Defendant waived indictment and agreed to be prosecuted by a superior courtinformation charging him with burglary in the second degree. He pleaded guilty to thiscrime and waived his right to appeal. The terms of the plea agreement included arequirement that defendant pay restitution to the three crime victims in amounts to bedetermined prior to sentencing. Defendant was thereafter sentenced, in accordance withthe plea agreement, to seven years in prison, to be followed by five years of postreleasesupervision. At sentencing, he was ordered to pay restitution in amounts totaling inexcess of $55,000. Defendant now appeals.
Defendant's sole challenge is to the award of restitution. Preliminarily, we note that,inasmuch as the plea agreement did not specify the amount of restitution to be paid,defendant's waiver of the right to appeal does not preclude him from challenging it (see People v Boone, 101AD3d 1358, 1358 [2012], lv denied 20 NY3d 1096 [2013]; People v Diallo, 88 AD3d1152, 1153 [2011], lv denied 18 NY3d 993 [2012]). Nevertheless, defendanthas not preserved his claim for our review given that he did not request a restitutionhearing or otherwise challenge the amount of restitution ordered at the time of sentencing(see People v Leone, 101AD3d 1352, 1353 [2012]; People v Smith, 100 AD3d 1102, 1102-1103 [2012]).Therefore, we discern no basis to disturb the judgment of conviction.[*2]
Rose, J.P., Lahtinen, Stein and McCarthy, JJ.,concur. Ordered that the judgment is affirmed.