PEOPLE of the State of New York, Respondent, v. Donald KELLY, Appellant.
Defendant contends that County Court erred in ordering him to pay restitution without conducting a hearing. At sentencing, the court indicated that it was in possession of a receipt submitted by the victim regarding her out-of-pocket expenses in repairing damage to her house caused by defendant. Defense counsel agreed that the amount was “substantiated by the receipts” and declined the court's offer to conduct a hearing. Thus, defendant conceded the facts necessary to establish the amount of restitution (see, People v. Consalvo, 89 N.Y.2d 140, 145, 651 N.Y.S.2d 963, 674 N.E.2d 672; People v. Serafini, 213 A.D.2d 1066, 624 N.Y.S.2d 328, lv. denied 85 N.Y.2d 980, 629 N.Y.S.2d 740, 653 N.E.2d 636; cf., People v. Barnett, 237 A.D.2d 917, 654 N.Y.S.2d 918 ) and did not seek the hearing that he was entitled to by law (see, People v. Serafini, supra, at 1067, 624 N.Y.S.2d 328; People v. Lugo, 191 A.D.2d 648, 595 N.Y.S.2d 114).
We have considered the remaining contention of defendant and conclude that it is without merit.
Judgment unanimously affirmed.