People v. Lanzara
| Decision Date | 06 February 2009 |
| Docket Number | KA 07-01247. |
| Citation | 2009 NY Slip Op 00740,873 N.Y.S.2d 399,59 A.D.3d 936 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN R. LANZARA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), defendant contends that County Court erred in imposing a fine without conducting a hearing to determine his ability to pay. That contention is encompassed by defendant's valid waiver of the right to appeal (see generally People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Horton, 256 AD2d 1105 [1998], lv denied 93 NY2d 972 [1999]). In any event, "appellate challenges to the procedures utilized in determining and imposing sentence are forfeited if they are not raised in a timely manner before the trial court" (People v Callahan, 80 NY2d 273, 281 [1992]), and here defendant forfeited that challenge by failing to raise it before the sentencing court.
Present — HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO and PINE, JJ.
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