counsel informed the court that Van Gorder had advised him that believed that some of the allegations in the pre-sentence report were “not accurate,” namely, the allegations about Van Gorder’s daily marijuana use and certain statements attributed to him by his wife. However, defense counsel did not request a hearing at the time of sentencing. When given the opportunity to speak, Van Gorder did not add anything to defense counsel’s statements about the pre-sentence report. Appellate counsel had no colorable claim to raise in this regard. First of all, had he raised such a claim, the appellate court would have found it unpreserved based on defense counsel’s failure to request a hearing at the time of sentencing. See People v. Vazqueztell, 273 A.D.2d 328, 710 N.Y.S.2d 539 (2d Dep’t 2000) (<HOLDING>) (citing N.Y.Crim. Proc. Law § 470.05(2)).
holding that where defendant failed to object to the procedure utilized by the court in determining the amount of restitution at sentencing his challenge on appeal was unpreserved for appellate review holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount holding defendant failed to preserve for appeal the question of admissibility of evidence that was the subject of the motion in limine where defendant failed to object to evidence when offered at trial holding that defendant must object at trial to preserve as applied challenge for appeal holding that a claim was not preserved for review where the defense failed to object on the specific grounds advanced on appeal