| People v Jones |
| 2014 NY Slip Op 00124 [113 AD3d 635] |
| January 8, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Aubrey Jones, Appellant. |
—[*1]
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel),
for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered April 27, 2012, convicting him of criminal possession of stolen property in the fifth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the sentencing court failed to conduct an in-depth inquiry to determine his ability to pay restitution as a condition of his sentence of probation is unpreserved for appellate review (see People v Dillon, 90 AD3d 1468, 1468-1469 [2011]; People v Harris, 72 AD3d 1110, 1112-1113 [2010]; People v Passalacqua, 43 AD3d 964, 964 [2007]; People v Taylor, 245 AD2d 398, 398-399 [1997]), and we decline to address the contention in the exercise of our interest of justice jurisdiction. Skelos, J.P., Dickerson, Lott and Austin, JJ., concur.