| People v Miller |
| 2015 NY Slip Op 04151 [128 AD3d 855] |
| May 13, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Charles Miller, Appellant. |
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and David Bernstein ofcounsel), for appellant.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Yael V. Levy and AndreaM. DiGregorio of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Honorof, J.), rendered April 23, 2013, convicting him of attempted assault in the firstdegree and assault in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant contends that the restitution component of his sentence should bevacated because he was not informed during the plea proceeding that his sentence wouldinclude restitution. The defendant's contention is unpreserved for appellate review(see CPL 470.05 [2]; People v Woods, 110 AD3d 748 [2013]; People v Jerome, 110 AD3d739, 740 [2013]; People vThompson, 105 AD3d 1067 [2013]). The defendant does not contend that hisplea of guilty was rendered involuntary or unknowing due to any failure to advise him atthe plea proceeding about restitution, and he does not seek to withdraw his plea on thatground. Thus, the defendant is not excused from the preservation requirement due to anylack of opportunity at the sentencing proceeding to move to withdraw his plea (seePeople v Woods, 110 AD3d at 748; People v Jerome, 110 AD3d at 740; cf. People v Turner, 24 NY3d254 [2014]; People vMcAlpin, 17 NY3d 936 [2011]; People v Louree, 8 NY3d 541, 545-546 [2007]), and wedecline to exercise our interest of justice jurisdiction to review the defendant's contentionregarding the imposition of restitution. Mastro, J.P., Leventhal, Cohen and Maltese, JJ.,concur.