Opinion
498 KA 18-00163
08-26-2021
The PEOPLE of the State of New York, Respondent, v. Joseph T. BARTHEL, Defendant-Appellant. (Appeal No. 2.)
BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR RESPONDENT.
BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the second degree ( Penal Law § 140.25 [2] ). We affirm. The sentence is not unduly harsh or severe. Defendant's challenge to the purported restitution order is unpreserved for appellate review, and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see People v. Schmiege , 172 A.D.3d 1897, 1898, 97 N.Y.S.3d 903 [4th Dept. 2019] ).