Legal Opinion

People v. Davey

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1989PublishedCited by 1 opinion

1Opinion of the Court

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*990cation 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…

2Cases cited4 opinions

  1. People v. FernandezNew York Court of Appeals · 1986
  2. People v. McgowenNew York Court of Appeals · 1977
  3. People v. Di MarcantonioAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by1 opinion

  1. People v. TorresAppellate Division of the Supreme Court of the State of New York · 1997

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