PEOPLE v. LANZARA

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 criminal possession of a controlled substance in the second degree (Penal Law § 220.18), defendant contends that County Court erred in imposing a fine without conducting a hearing to determine his ability to pay. That contention is encompassed by defendant's valid waiver of the right to appeal ( see generally People v Hidalgo, 91 NY2d 733, 737; People v Horton, 256 AD2d 1105, lv denied 93 NY2d 972). In any event, "appellate challenges to the procedures utilized in determining and imposing sentence are forfeited if they are not raised in a timely manner before the trial court" ( People v Callahan, 80 NY2d 273, 281), and here defendant forfeited that challenge by failing to raise it before the sentencing court.