| People v Shannon |
| 2016 NY Slip Op 03911 [139 AD3d 1250] |
| May 19, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vSteven R. Shannon, Appellant. |
Hinman, Howard & Kattell, LLP, East Greenbush (Linda B. Johnson ofcounsel), for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Sophie J. Marmor of counsel), forrespondent.
Aarons, J. Appeal from a judgment of the County Court of Chemung County(Hayden, J.), rendered January 13, 2014, convicting defendant upon his plea of guilty ofthe crime of identity theft in the second degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to identity theft inthe second degree stemming from his fraudulent use of department store credit accountsto purchase multiple gift cards. He was sentenced as a second felony offender inaccordance with the terms of the plea agreement to a prison term of 1
Defendant's challenge to the restitution imposed is not preserved for our review asthere was no objection to the amount of restitution or a request for a restitution hearing atthe time of sentencing (seePeople v Williams, 123 AD3d 1374, 1375 [2014], lv denied 25 NY3d954 [2015]; People vSparbanie, 110 AD3d 1119, 1120 [2013], lv denied 22 NY3d 1203[2014]). Moreover, there is sufficient evidence in the record to support County Court'simposition of the restitution amount requested (see Penal Law§ 60.27 [2]; People v Sparbanie, 110 AD3d at 1120; People v Heier, 73 AD3d1392, 1393 [2010], lv denied 15 NY3d 805 [2010]). To the extent thatdefendant contends that he was deprived of the effective assistance of counsel due tocounsel's failure to request a restitution hearing, we find it to be without merit (see People v Faranda, 86AD3d 862, 863 [2011], lv denied 17 NY3d 903 [2011]).
[*2] Peters, P.J., Garry, Rose and Clark, JJ., concur.Ordered that the judgment is affirmed.