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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIK R. SMITH, Appellant.

Ordered that the judgment is modified, on the law and the facts, by deleting the provision thereof directing the defendant to pay $510 in restitution; as so modified, the judgment is affirmed.

Because the sentencing court made no findings as to the loss or damage caused by the offense, and the record does not contain sufficient evidence to support such a finding, that portion of the judgment directing the payment of restitution must be deleted (see, Penal Law § 60.27).

Since the defendant failed to raise his objections to the adequacy of his plea allocution in the County Court, his claim with respect thereto is unpreserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662; People v. Santana, 151 A.D.2d 518; People v. Maida, 147 A.D.2d 711; People v. Nicastro, 114 A.D.2d 979). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.

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PEOPLE v. SMITH
(Dec 10, 1990)