| People v Sparbanie |
| 2013 NY Slip Op 06409 [110 AD3d 1119] |
| October 3, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vWalter M. Sparbanie, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (John M. Tuppen of counsel), forrespondent.
Garry, J. Appeal from a judgment of the County Court of Chemung County (Hayden,J.), rendered December 23, 2011, convicting defendant following a nonjury trial of thecrime of petit larceny.
Defendant was charged in an indictment with theft of services and grand larceny inthe fourth degree after obtaining cable television services between March 2007 andJanuary 2010 without paying for them. He ultimately waived his right to a jury trial andproceeded to a bench trial on stipulated facts, with the understanding that he would beconvicted of the lesser offense of petit larceny and be required to pay restitution in theamount of $10,495.41. County Court thereafter found defendant guilty of petit larcenyand sentenced him to one year in jail and ordered him to pay the agreed-upon amount ofrestitution. Defendant appeals.
We affirm. Defendant's sole contention on appeal is that County Court erred in notholding a restitution hearing. However, the record reveals that he never requested ahearing or disputed the restitution amount, and defense counsel agreed at sentencing thatthe amount ordered was within the expected range and that there was a sufficient basisfor it in the record. Accordingly, defendant's argument is not preserved for our review(see People v Nickel, 97AD3d 983, 984 [2012], lv denied 20 NY3d 1013 [2013]; People v Golgoski, 40 AD3d1138, 1138 [2007]).[*2]
Rose, J.P., Stein and McCarthy, JJ., concur.Ordered that the judgment is affirmed.