People v. Bonfey
| Decision Date | 02 July 2020 |
| Docket Number | 110259 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Michael B. BONFEY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
185 A.D.3d 1091
124 N.Y.S.3d 882 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Michael B. BONFEY, Appellant.
110259
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: June 9, 2020
Decided and Entered: July 2, 2020
Thomas F. Garner, Middleburgh, for appellant.
Kelli P. McCoski, District Attorney, Fonda (Peter M. Califano of counsel), for respondent.
Before: Lynch, J.P., Devine, Aarons, Pritzker and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Devine, J.
Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered March 16, 2018, convicting defendant upon his plea of guilty of the crime of grand larceny in the fourth degree (two counts).
Defendant was charged in an indictment with two counts of grand larceny in the fourth degree after he stole power equipment, valued at over $1,000, from a hardware store. He pleaded guilty to the indictment upon the understanding that County Court would impose concurrent prison terms of 1½ to 3 years and would order him to pay restitution of approximately $4,000.1 Defendant was sentenced as a second felony offender to the promised prison term and ordered to pay restitution in the amount of $4,572.50. Defendant appeals.
Defendant contends that County Court erred in failing to conduct a restitution hearing pursuant to Penal Law § 60.27 to determine the amount of restitution to be awarded. He has, however, failed to preserve this claim for our review as he never requested a restitution hearing and went along with the amount of restitution awarded by County Court at sentencing
(see People v. Drake, 179 A.D.3d 1221, 1222, 117 N.Y.S.3d 353 [2020], lv denied 35 N.Y.3d 941, 124 N.Y.S.3d 290, 147 N.E.3d 560 [2020] ; People v. Waldron, 176 A.D.3d 1260, 1261, 110 N.Y.S.3d 455 [2019] ), which was based on information contained in the presentence investigation report. His assertion that County Court...
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...during sentencing (see People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132 [2002] ; People v. Bonfey, 185 A.D.3d 1091, 1091–1092, 124 N.Y.S.3d 882 [2020] ).5 Restitution was authorized to the Clinton County District Attorney for the amount of funds expended in the pur......
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...denying his motion to dismiss because the People failed to establish that the weapon in question was operable. This argument is directed 185 A.D.3d 1091 to the sufficiency of the evidence before the grand jury, and "defendant, by his guilty plea, has waived his right to challenge the legal ......
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People v. Daniels
...of his awareness of the restitution amount when he pleaded guilty, is also precluded by his appeal waiver (see People v. Bonfey, 185 A.D.3d 1091, 1091–1092, 124 N.Y.S.3d 882 [2020] ; People v. Grumberg, 153 A.D.3d 1525, 1527, 62 N.Y.S.3d 199 [2017] ). Finally, defendant's complaint about th......