THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO (2012)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PAUL R. TENNEY, ALSO KNOWN AS PAUL RYAN TENNEY, DEFENDANT–APPELLANT. (APPEAL NO. 1.)

KA 10–00661

Decided: June 08, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.

BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT–APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (MELISSA L. CIANFRINI OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of grand larceny in the third degree (Penal Law § 155.35[1] ) and imposing a sentence of a term of incarceration and, in appeal No. 2, he appeals from a judgment ordering him to pay restitution in the amount of $108,091.10. Addressing first appeal No. 1, defendant's sole contention is that the sentence is unduly harsh and severe, and we reject that contention. As for appeal No. 2, defendant waived his sole contention therein, i.e., that County Court erred in failing to conduct a restitution hearing, inasmuch as he stipulated to the amount of restitution owed (see People v. Faso, 82 AD3d 1584, 1584–1585, lv denied 17 NY3d 816, 952; People v. Brown, 70 AD3d 1378, 1379).

Frances E. Cafarell

Clerk of the Court

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