| People v Wapniewski |
| 2014 NY Slip Op 01935 [115 AD3d 1251] |
| March 21, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vStephen M. Wapniewski, Appellant. |
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Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.),rendered July 24, 2012. The judgment convicted defendant, upon his plea of guilty, ofattempted criminal sale of a controlled substance in the third degree and welfare fraud inthe fifth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of, inter alia, welfare fraud in the fifth degree (Penal Law § 158.05).Defendant's valid waiver of the right to appeal encompasses his contention that CountyCourt erred in directing him to pay a specified amount of restitution without conducting ahearing "inasmuch as that amount was an explicit part of defendant's agreed-upon pleabargain" (People v Taylor,70 AD3d 1121, 1122 [2010], lv denied 14 NY3d 845 [2010]; see People v Thomas, 77AD3d 1325, 1326 [2010], lv denied 16 NY3d 800 [2011]).Present—Scudder, P.J., Peradotto, Carni, Lindley and Valentino, JJ.