Majority
p. 919The People of the State of New York, Respondent, v Robert Saddler, Appellant. (Appeal No. 2.) [605 NYS2d 1005]
Judgment unanimously affirmed. Memorandum: We conclude that defendant’s sentence was not harsh or excessive. Defendant may raise his alleged inability to pay the restitution ordered by the court in an application for resentencing pursuant to CPL 420.10 (5) (see, People v Erickson, 172 AD2d 1070 ). (Appeal from Judgment of Genesee County Court, Punch, J.— Violation of Probation.) Present — Pine, J. P., Balio, Lawton, Doerr and Boehm, JJ.