PEOPLE v. LANZARA (2009)

 On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18[1] ), defendant contends that County Court erred in imposing a fine without conducting a hearing to determine his ability to pay.   That contention is encompassed by defendant's valid waiver of the right to appeal (see generally People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46;  People v. Horton, 256 A.D.2d 1105, 685 N.Y.S.2d 160, lv. denied 93 N.Y.2d 972, 695 N.Y.S.2d 58, 716 N.E.2d 1103).   In any event, “appellate challenges to the procedures utilized in determining and imposing sentence are forfeited if they are not raised in a timely manner before the trial court” (People v. Callahan, 80 N.Y.2d 273, 281, 590 N.Y.S.2d 46, 604 N.E.2d 108), and here defendant forfeited that challenge by failing to raise it before the sentencing court.

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

MEMORANDUM: