People v. Davey

Appellate Division of the Supreme Court of New York

People v. Davey

156 A.D.2d 989, 548 N.Y.S.2d 830, 1989 N.Y. App. Div. LEXIS 16177

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

DecidedDecember 20, 1989

StatusPublished

Cited by1 cases

This text of 156 A.D.2d 989 (People v. Davey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Davey, 156 A.D.2d 989, 548 N.Y.S.2d 830, 1989 N.Y. App. Div. LEXIS 16177 (N.Y. Ct. App. 1989).

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Opinion

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[990]*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 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.

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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[990]*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 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.

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Bluebook (online)

156 A.D.2d 989, 548 N.Y.S.2d 830, 1989 N.Y. App. Div. LEXIS 16177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-davey-nyappdiv-1989.

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