| People v Brotz |
| 2013 NY Slip Op 05424 [108 AD3d 1236] |
| July 19, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v DanielW. Brotz, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (David P. Dys of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), renderedOctober 23, 2009. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of stolen property in the fourth degree (six counts) and identity theft in thethird degree (six counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofsix counts each of criminal possession of stolen property in the fourth degree (Penal Law§ 165.45 [2]) and identity theft in the third degree (§ 190.78 [1]), defendantcontends that County Court violated CPL 380.50 (1) by not affording him an opportunityto speak at sentencing about the restitution portion of his sentence. Because defendantdid not request an opportunity to be heard about restitution, the payment of which wascontemplated by the plea agreement, and did not object to the order of restitution on thator indeed any other ground, his contention is unpreserved for our review (seeCPL 470.05 [2]; People vMcGinn, 96 AD3d 977, 978 [2012], lv denied 19 NY3d 998 [2012]; People v Sharp, 56 AD3d1230, 1231 [2008], lv denied 11 NY3d 900 [2008]), and we decline toexercise our power to review that contention as a matter of discretion in the interest ofjustice (see CPL 470.15 [3] [c]). Present—Smith, J.P., Fahey, Peradotto,Carni and Lindley, JJ.