People v. Pugliese
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of assault in the third degree (Penal Law § 120.00) and ordering him to pay restitution in the amount of $7,115.07, defendant contends that County Court erred in failing to consider his ability to pay restitution. Defendant failed to preserve that contention for our review inasmuch as he “did not request a hearing on that issue or otherwise object to the amount of restitution ordered on that basis” (People v Naumowicz, 76 AD3d 747, 748 [2010]; see People v Willis, 105 AD3d 1397, 1397 [2013], lv denied 22 NY3d 960…
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