| People v Klein |
| 2013 NY Slip Op 05542 [108 AD3d 780] |
| July 31, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Klein, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Donald Berkof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Calabrese, J.), rendered April 5, 2011, convicting him of assault in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
"Where the plea minutes do not indicate that a plea of guilty was negotiated withterms that included restitution, at sentencing, the defendant should be given anopportunity either to withdraw his plea or to accept the addition of restitution to hisnegotiated sentence" (People vKeenum, 101 AD3d 1045, 1045 [2012]; see People v Poznanski, 105 AD3d 775 [2013]; People v Ortega, 61 AD3d705, 706 [2009]). On appeal, the defendant contends that the record of the pleaproceeding does not indicate that he agreed to an order directing the payment ofrestitution to the complainant or to the amount of the fine that was ultimately imposed.However, the record of the sentencing proceeding establishes that, at the outset of theproceeding, he expressly agreed to the fine and restitution components of the sentenceand requested that they be imposed by civil judgment. Accordingly, the defendantwaived his contention that his plea of guilty should be vacated because he was notadvised of the terms of his fine and restitution prior to entering his plea (see People vKeenum, 101 AD3d at 1045; cf. People v Gibson, 88 AD3d 1012 [2011]).
The defendant's contention that he did not receive the effective assistance of counselis without merit (see People v Benevento, 91 NY2d 708, 712 [1998]; cf.People v Modica, 64 NY2d 828, 829 [1985]). Angiolillo, J.P., Chambers, Romanand Hinds-Radix, JJ., concur.