Opinion
11-12-2015
The PEOPLE, etc., respondent, v. Erving Y. FERZAN, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered February 24, 2014, convicting him of burglary in the first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court erred in failing to conduct a hearing to determine whether he violated the terms of a cooperation agreement is unpreserved for appellate review (see CPL 470.05[2] ; People v. Smith, 105 A.D.3d 1065, 1066, 963 N.Y.S.2d 402 ; People v. Shih–Siang Shawn Liao, 103 A.D.3d 757, 758, 959 N.Y.S.2d 447 ; People v. Bragg, 96 A.D.3d 1071, 946 N.Y.S.2d 890 ). In any event, since the defendant admitted that he failed to pay restitution, in violation of the cooperation agreement, no hearing was required (see People v. Smith, 105 A.D.3d at 1066, 963 N.Y.S.2d 402 ; People v. Shih–Siang Shawn Liao, 103 A.D.3d at 758, 959 N.Y.S.2d 447 ; People v. Billups, 63 A.D.3d 750, 881 N.Y.S.2d 445 ).
RIVERA, J.P., DICKERSON, MALTESE and LaSALLE, JJ., concur.