JAMES, ANTONIO L., PEOPLE v ( 2016 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    669
    KA 14-00007
    PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                              MEMORANDUM AND ORDER
    ANTONIO L. JAMES, DEFENDANT-APPELLANT.
    TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (KIMBERLY F. DUGUAY OF
    COUNSEL), FOR DEFENDANT-APPELLANT.
    SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF
    COUNSEL), FOR RESPONDENT.
    Appeal from a judgment of the Monroe County Court (Douglas A.
    Randall, J.), rendered November 25, 2013. The judgment convicted
    defendant, upon his plea of guilty, of grand larceny in the fourth
    degree (three counts).
    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 three counts of grand larceny in the fourth degree
    (Penal Law § 155.30 [1]), defendant contends that County Court erred
    in ordering him to pay restitution without conducting a hearing.
    Defendant’s contention “ ‘is not properly before this Court for review
    because [defendant] did not request a hearing to determine the [proper
    amount of restitution] or otherwise challenge the amount of the
    restitution order during the sentencing proceeding’ ” (People v
    Kirkland, 105 AD3d 1337, 1338, lv denied 21 NY3d 1043, quoting People
    v Horne, 97 NY2d 404, 414 n 3). We decline to exercise our power to
    review that contention as a matter of discretion in the interest of
    justice (see CPL 470.15 [6] [a]). We reject defendant’s further
    contention that the sentence is unduly harsh and severe.
    Entered:    September 30, 2016                     Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: KA 14-00007

Filed Date: 9/30/2016

Precedential Status: Precedential

Modified Date: 10/7/2016