Peoplev.Rickett

Appellate Division of the Supreme Court of New York, Second DepartmentOct 11, 1994
618 N.Y.S.2d 222 (N.Y. App. Div. 1994)
618 N.Y.S.2d 222208 A.D.2d 657

October 11, 1994

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

The defendant's claim that the County Court failed to conduct a hearing before imposing restitution is unpreserved for appellate review (see, CPL 470.05) and we decline to reach it in the exercise of our interest of justice jurisdiction. 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 (see, People v. Callahan, 80 N.Y.2d 273, 281; People v. De Vito, 192 A.D.2d 671).

We also find that the County Court did not err in refusing to accord youthful offender treatment to the defendant, since he was not eligible (see, CPL 720.10).

We have reviewed the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.