People v. Shannon

AARONS, J.

Hinman, Howard & Kattell, LLP, East Greenbush (Linda B. Johnson of counsel), for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Sophie J. Marmor of counsel), for respondent.

Before: PETERS, P.J., GARRY, ROSE, CLARK and AARONS, JJ.

AARONS, J. Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 13, 2014, convicting defendant upon his plea of guilty of the crime of identity theft in the second degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to identity theft in the second degree stemming from his fraudulent use of department store credit accounts to purchase multiple gift cards. He was sentenced as a second felony offender in accordance with the terms of the plea agreement to a prison term of 1 ½ to 3 years and ordered to pay restitution in the amount of $2,310. Defendant now appeals.

Defendant's challenge to the restitution imposed is not preserved for our review as there was no objection to the amount of restitution or a request for a restitution hearing at the time of sentencing (see People v. Faranda, 86 A.D.3d 862, 863, 927 N.Y.S.2d 727 [2011], lv. denied 17 N.Y.3d 903, 933 N.Y.S.2d 658, 957 N.E.2d 1162 [2011] ).

ORDERED that the judgment is affirmed.

PETERS, P.J., GARRY, ROSE and CLARK, JJ., concur.