Opinion
09-30-2016
The PEOPLE of the State of New York, Respondent, v. Antonio L. JAMES, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
Appeal from a judgment of the Monroe County Court (Douglas A. Randall, J.), rendered November 25, 2013. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the fourth degree (three counts).
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
MEMORANDUM:On appeal from a judgment convicting him upon his plea of guilty of three counts of grand larceny in the fourth degree (Penal Law § 155.30[1] ), defendant contends that County Court erred in ordering him to pay restitution without conducting a hearing. Defendant's contention “ ‘is not properly before this Court for review because [defendant] did not request a hearing to determine the [proper amount of restitution] or otherwise challenge the amount of the restitution order during the sentencing proceeding’ ” (People v. Kirkland, 105 A.D.3d 1337, 1338, 963 N.Y.S.2d 793, lv. denied 21 N.Y.3d 1043, 972 N.Y.S.2d 540, 995 N.E.2d 856, quoting People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132 ). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ). We reject defendant's further contention that the sentence is unduly harsh and severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., SMITH, CENTRA, PERADOTTO, and CARNI, JJ., concur.