Opinion
2012-12-19
The PEOPLE, etc., respondent, v. Kwanell FIELDS, appellant.
Terry D. Horner, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Terry D. Horner, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered July 15, 2010, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the County Court erred in setting, without a hearing, the amount of restitution he was required to pay. However, since the defendant failed to request a restitution hearing and did not object to the amount of restitution he was required to pay, his present claim regarding the amount of restitution imposed is unpreserved for appellate review ( see People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132;People v. Francis, 82 A.D.3d 1263, 919 N.Y.S.2d 394;People v. Nelson, 77 A.D.3d 973, 909 N.Y.S.2d 642;People v. Harris, 72 A.D.3d 1110, 1112, 900 N.Y.S.2d 137), and we decline to review it in the exercise of our interest of justice jurisdiction.