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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER WRIGHT, Appellant.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of grand larceny in the third degree (Penal Law former § 155.35), defendant contends that County Court erred in failing to conduct a restitution hearing. Defendant failed to preserve that contention for our review "inasmuch as he failed to object to the amount of restitution at sentencing or to request a hearing with respect thereto" ( People v Jorge N.T., 70 AD3d 1456, 1457, lv denied 14 NY3d 889; see People v Marvin, 68 AD3d 1729, lv denied 14 NY3d 842). Furthermore, defendant waived that contention because he expressly consented to the amount of restitution imposed ( see People v Brown, 70 AD3d 1378; People v Vogel, 20 AD3d 865, appeal dismissed 6 NY3d 728). The sentence is not unduly harsh or severe.

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PEOPLE v. CHRI. WRIGHT
(Dec 30, 2010)