People v. Toomer

Apr 21, 2009
Versions:61 A.D.3d 899
876 N.Y.S.2d 876

Ordered that the judgment is affirmed.

The defendant contends that the County Court failed to conduct a hearing or to adduce sufficient evidence to determine the amount of restitution imposed. However, this claim is unpreserved for appellate review since the defendant failed to request a hearing or otherwise challenge the amount of restitution imposed at sentencing (see Penal Law § 60.27 [2]; People v Horne, 97 NY2d 404, 414 n 3 [2002]; People v Allen, 305 AD2d 421 [2003]). In any event, since the defendant agreed at sentencing to the amount of restitution imposed by the court, the court did not err in imposing restitution without conducting a hearing (see People v Ali, 233 AD2d 517 [1996]; People v Jackson, 201 AD2d 504 [1994]). Mastro, J.P., Fisher, Miller, Dickerson and Chambers, JJ., concur.