Majority
p. 955The People of the State of New York, Respondent, v Jeremiah Aldinger, Appellant. [665 NYS2d 373]
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of unautho
p. 956
rized use of a vehicle in the second degree. The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal (see, People v Callahan, 80 NY2d 273 , 283). The contention that the sentence is unduly harsh and severe does not survive that waiver (see, People v Allen, 82 NY2d 761 ). Nor does the contention that Supreme Court erred in failing to conduct a hearing on the amount of restitution because the legality of the sentence is not implicated in this case (see, People v Callahan, supra, at 281 ). Because defendant agreed to the amount of restitution, no hearing was required (see, People v Kelly, 238 AD2d 938 ). (Appeal from Judgment of Supreme Court, Erie County, Tills, J.—Unauthorized Use Vehicle, 2nd Degree.) Present—Pine, J. P., Lawton, Wisner, Callahan and Doerr, JJ.
Cases cited
- People v. Callahan 80 NY2d 273 at 283 p. 956
- People v. Allen 82 NY2d 761 p. 956
- People v. Kelly 238 AD2d 938 p. 956