PEOPLE v. HAYWARD (2006)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Sharon R. HAYWARD, Defendant-Appellant.

Decided: July 07, 2006

PRESENT: HURLBUTT, J.P., KEHOE, GORSKI, GREEN, AND PINE, JJ.

Gary A. Horton, Public Defender, Batavia (Bridget L. Field of Counsel), for Defendant-Appellant. Lawrence Friedman, District Attorney, Batavia (Kevin T. Finnell of Counsel), for Plaintiff-Respondent.

Defendant was convicted upon her plea of guilty of forgery in the second degree (Penal Law § 170.10[1] ) and now challenges the amount of restitution ordered by County Court. The record establishes that a hearing to determine the amount of restitution was conducted by a referee and that, when the People asked the court to order the amount recommended in the Referee's report, defendant did not object to the amount. We thus conclude that defendant's present challenge to the amount of restitution ordered is not properly before us (see People v. Melino, 16 A.D.3d 908, 911, 791 N.Y.S.2d 718, lv. denied 5 N.Y.3d 791, 801 N.Y.S.2d 812, 835 N.E.2d 672).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

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