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THE PEOPLE, ETC., RESPONDENT, v. THOMAS A. BUTTI, APPELLANT.

DECISION ORDER

ORDERED that the judgment is affirmed; and it is further,

ORDERED that the order is reversed, on the law, and the matter is remitted to the County Court, Westchester County, for a hearing on the issue of restitution.

Upon our review of the factors set forth in People v. Taranovich ( 37 N.Y.2d 442), we conclude that the defendant's right to a speedy trial was not violated (see People v. Balken, 269 A.D.2d 534; People v. Woodard, 234 A.D.2d 613, appeal denied 89 N.Y.2d 989, cert denied 520 U.S. 1266).

Moreover, since the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis to now complain that his sentence was excessive (see People v. Brown, 287 A.D.2d 464, lv denied 97 N.Y.2d 679; People v. Fontana, 267 A.D.2d 398). In any event, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

However, since the defendant specifically requested a hearing on the issue of restitution, the County Court erred in determining the amount of restitution without a hearing (see Penal Law § 60.27).

The defendant's remaining contentions were waived upon his plea of guilty to the entire indictment (see People v. O'Brien, 56 N.Y.2d 1009; People v. Gerber, 182 A.D.2d 252).

ALTMAN, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.

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PEOPLE v. BUTTI
(May 28, 2002)