People v. Baker

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law § 120.10 [1]). Defendant failed to preserve for our review his contention that County Court erred in ordering restitution without conducting a hearing, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see People v Perry, 50 AD3d 1556 [2008], lv denied 10 NY3d 963 [2008]). To the extent that the further *1501contention of defendant that he was denied effective assistance of counsel survives the plea (see…