People v. Simcox

Judgment , unanimously affirmed. Memorandum: Defendant argues that County Court improperly denied his request for the appointment of an expert pursuant to County Law § 722-c and abused its discretion in denying his request for an adjournment of the trial. By entering a plea of guilty rather than going to trial, defendant forfeited all of his trial rights as well as the right to challenge on appeal any alleged trial errors (see, People v Green, 75 NY2d 902 , 904, cert denied 498 US 860 ). The attempt by defendant to condition his plea upon the preservation of issues that do not otherwise survive a guilty plea is ineffective (see, People v Campbell, 73 NY2d 481 , 486; People v Fernandez, 67 NY2d 686 , 688; People v Howe, 56 NY2d 622 , 624; People v Thomas, 53 NY2d 338 ; People v Mack, 53 NY2d 803 , 806).

Defendant further argues that his suppression motion was improperly denied because the court’s failure to authorize the appointment of an expert deprived him of his right to present a defense. At the time the Huntley hearing was held, the court had not decided defendant’s request for the appointment of an expert; it had deferred decision until counsel filed an appropriate written request. Defendant did not request that the Huntley