midpage

People v. LessnerPeople v. Lessner

Appellate Division of the Supreme Court of the State of New York
Nov 21, 2012
Versions:100 A.D.3d 929
953 N.Y.S.2d 884

Ordered that the judgment is affirmed.

The defendant contends that the County Court erred in imposing an amount of restitution without a hearing because there was insufficient evidence in the record to allow the County Court to determine the amount he should pay. However, since the defendant failed to request a restitution hearing or object to the amount of restitution he was required to pay, his present claim regarding the amount of restitution is unpreserved for appellate review (see People v Horne, 97 NY2d 404, 414 n 3 [2002]; People v Francis, 82 AD3d 1263 [2011]; People v Nelson, 77 AD3d 973 [2010]; People v Rojas, 74 AD3d 1369 [2010]). In any event, there was sufficient evidence in the record to support the County Court‘s determination as to the amount of restitution (see People v Kim, 91 NY2d 407, 410-411 [1998]; People v Harris, 72 AD3d 1110, 1112 [2010]; People v Lawson, 65 AD3d 1380, 1381 [2009]; People v Charles, 309 AD2d 873, 874 [2003]).

The defendant‘s remaining contention is unpreserved for appellate review. Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.

Case Details

Case Name: People v. Lessner
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 21, 2012
Citations: 100 A.D.3d 929; 953 N.Y.S.2d 884
Court Abbreviation: N.Y. App. Div.
Log In