THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. STEPHEN WAPNIEWSKI DEFENDANT APPELLANT (2014)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEPHEN M. WAPNIEWSKI, DEFENDANT–APPELLANT.

KA 12–01520

Decided: March 21, 2014

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.

NORMAN P. EFFMAN, PUBLIC DEFENDER, WARSAW (GREGORY A. KILBURN OF COUNSEL), FOR DEFENDANT–APPELLANT.

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, inter alia, welfare fraud in the fifth degree (Penal Law § 158.05). Defendant's valid waiver of the right to appeal encompasses his contention that County Court erred in directing him to pay a specified amount of restitution without conducting a hearing “inasmuch as that amount was an explicit part of defendant's agreed-upon plea bargain” (People v. Taylor, 70 AD3d 1121, 1122, lv denied 14 NY3d 845; see People v. Thomas, 77 AD3d 1325, 1326, lv denied 16 NY3d 800).

Frances E. Cafarell

Clerk of the Court

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