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PEOPLE v. DAVEY
Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 20, 1989
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 identification evidence should have been suppressed (see, People v Fernandez, 67 N.Y.2d 686; People v Simmons, 121 A.D.2d 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 N.Y.2d 905, rearg denied 42 N.Y.2d 1015; People v Di Marcantonio, 117 A.D.2d 612, lv denied 67 N.Y.2d 882). We cannot conclude that imposition of the bargained-for sentence was harsh and excessive in the circumstances of this case.
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