Majority
p. 943The People of the State of New York, Respondent, v John Lee, Appellant. [665 NYS2d 185]
—Judgment unanimously affirmed. Memorandum: Defendant knowingly, voluntarily and intelligently waived his right to appeal, thereby waiving any
p. 944
challenge to the excessiveness of his sentence (see, People v Allen, 82 NY2d 761 , 763; People v Callens, 199 AD2d 992 , lv denied 83 NY2d 869 ). Because defendant agreed to the amount of restitution at the sentencing hearing, County Court did not err in failing to hold a restitution hearing (see, People v McElrath, 241 AD2d 932 ; State of New York v Stokols, 234 AD2d 222 ; cf., People v Barnett, 237 AD2d 917 , lv denied 90 NY2d 855 ). (Appeal from Judgment of Erie County Court, D’Amico, J.—Attempted Robbery, 2nd Degree.) Present—Pine, J. P., Lawton, Hayes, Wisner and Fallon, JJ.
Cases cited
- People v. Allen 82 NY2d 761 at 763 p. 944
- State v. Stokols 234 AD2d 222 p. 944
- People v. Barnett 237 AD2d 917 p. 944