People v. Rossborough

GARRY

Donna C. Chin, Ithaca, for appellant. Weeden A. Wetmore, District Attorney, Elmira (Susan Rider–Ulacco of counsel), for respondent.
Before: MERCURE, J.P., LAHTINEN, KAVANAGH, McCARTHY and GARRY, JJ.

GARRY, J.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered September 23, 2010, convicting *905defendant upon his plea of guilty of the crime of forgery in the second degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to one count of forgery in the second degree and agreed to pay restitution. County Court sentenced defendant to an agreed-upon prison term of 2 to 4 years, and further ordered him to pay $3,467.50 in restitution. Defendant contends upon this appeal that County Court was obliged to conduct a restitution hearing, but he expressed satisfaction with the factual basis for the amount ordered and agreed to proceed to sentencing without a restitution hearing. His argument is thus unpreserved for our review, and we perceive no reason to take corrective action in the interest of justice ( see People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132 [2002];People v. Klages, 90 A.D.3d 1149, 1151, 934 N.Y.S.2d 259 [2011],lv. denied18 N.Y.3d 925, 942 N.Y.S.2d 464, 965 N.E.2d 966 [2012];People v. Naumowicz, 76 A.D.3d 747, 748, 907 N.Y.S.2d 353 [2010] ).

ORDERED that the judgment is affirmed. MERCURE, J.P., LAHTINEN, KAVANAGH and McCARTHY, JJ., concur.