People v Joy
2014 NY Slip Op 01020 [114 AD3d 809]
February 13, 2014
Appellate Division, Second Department
As corrected through Wednesday, March 26, 2014


The People of the State of New York,Respondent,
v
Mark A. Joy, Jr., Appellant.

[*1]Carol Kahn, New York, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea ofcounsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County(Forman, J.), rendered January 24, 2013, convicting him of burglary in the second degreeand grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenges to the County Court's failure to hold a restitution hearing,the amount of restitution he was ordered to make as to two rings and a television thatwere stolen, and the record support for requiring him to make restitution for guns andammunition that allegedly were stolen but not referenced in the superseding indictment,are unpreserved for appellate review (see People v Horne, 97 NY2d 404, 414 n 3[2002]; People v Lessner,100 AD3d 929 [2012]; People v Isaacs, 71 AD3d 1161 [2010]), and we decline toreview these issues pursuant to our interest of justice jurisdiction. Balkin, J.P., Chambers,Lott and Hinds-Radix, JJ., concur.


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