PEOPLE v. ALLEN


305 A.D.2d 421 (2003)

758 N.Y.S.2d 511

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS M. ALLEN, Also Known as FRANCIS M. HALLENBECK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 5, 2003.


Ordered that the judgment is affirmed.

The defendant contends that the County Court failed to conduct a hearing or adduce any evidence to determine the amount of restitution imposed. However, this claim is unpreserved for appellate review since the defendant failed to request a hearing or challenge the amount of restitution imposed at sentencing (see People v Horne, 97 N.Y.2d 404, 414 n 3 [2002]; Penal Law §...

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