Majority
p. 989The People of the State of New York, Respondent, v Richard Davey, Appellant.
Judgment unanimously affirmed. Memorandum: By pleading guilty before the court conducted a hearing on his suppression motion, defendant forfeited his right to appellate review of his contention that voice identifi
p. 990
cation evidence should have been suppressed (see, People v Fernandez, 67 NY2d 686 ; People v Simmons, 121 AD2d 483 ). Because defendant did not request youthful offender treatment at the time of sentencing, he cannot raise that issue on appeal (see, People v McGowen, 42 NY2d 905 , rearg denied 42 NY2d 1015 ; People v Di Marcantonio, 117 AD2d 612 , Iv denied 67 NY2d 882 ). We cannot conclude that imposition of the bargained-for sentence was harsh and excessive in the circumstances of this case. (Appeal from judgment of Supreme Court, Erie County, Francis, J. — rape, first degree.) Present — Callahan, J. P., Denman, Pine, Balio and Davis, JJ.
Cases cited
- People v. Fernandez 67 NY2d 686 p. 990
- People v. Mcgowen 42 NY2d 905 p. 990