THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. FREDRICK WELCH DEFENDANT APPELLANT (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FREDRICK T. WELCH, DEFENDANT-APPELLANT.

589 Decided: July 25, 2025

PRESENT: CURRAN, J.P., MONTOUR, OGDEN, DELCONTE, AND KEANE, JJ.

CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT. JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of burglary in the third degree (Penal Law § 140.20). As defendant correctly concedes, by failing to object to the sentence on the ground that restitution was not part of the plea agreement or to move to withdraw the plea, he failed to preserve his contention that County Court improperly imposed restitution that was not discussed at the time that he pleaded guilty (see People v Motell, 229 AD3d 1330, 1331 [4th Dept 2024], lv denied 43 NY3d 931 [2025]; People v Predmore, 68 AD3d 1755, 1756 [4th Dept 2009], lv denied 14 NY3d 804 [2010]). We decline to exercise our power to review the contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Entered: July 25, 2025

Ann Dillon Flynn

Clerk of the Court

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