People v Taylor
2010 NY Slip Op 01021 [70 AD3d 1121]
February 11, 2010
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


The People of the State of New York, Respondent, v Barry Taylor, Appellant.

[*1] William T. Morrison, Albany, for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Lahtinen, J. Appeal from a judgment of the Supreme Court (Lamont, J.), rendered June 20, 2008 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a forged instrument in the second degree.

Defendant was charged in an indictment with three counts of criminal possession of a forged instrument in the second degree and three counts of petit larceny in connection with his possession and negotiation of three forged checks in the amounts of $311.91, $491.83 and $491.62. He pleaded guilty to one count of criminal possession of a forged instrument in the second degree in full satisfaction of the entire indictment and executed a written waiver of his right to appeal. Thereafter, in accordance with the negotiated plea agreement, Supreme Court sentenced defendant as a second felony offender to a prison term of 3 to 6 years and ordered restitution in the amount of $1,295.36.

Defendant's lone assertion here—that Supreme Court erred in imposing $1,295.36 in restitution without first conducting a hearing—is precluded by his valid waiver of appeal inasmuch as that amount was an explicit part of defendant's agreed-upon plea bargain (see People v Gilmour, 61 AD3d 1122, 1123-1124 [2009], lv denied 12 NY3d 925 [2009]; cf. People v McLean, 59 AD3d 859, 860-861 [2009]). In any event, contrary to defendant's contention, the [*2]court properly imposed restitution in the amount of all three forged checks given that defendant's guilty plea was in full satisfaction of the six-count indictment (see Penal Law § 60.27 [4] [a]; People v Casiano, 8 AD3d 761, 762 [2004]).

Peters, J.P., Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.