People v. Torres

194 A.D.2d 488, 599 N.Y.S.2d 561, 1993 N.Y. App. Div. LEXIS 6790

Opinion

—Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered April 24, 1990, convicting defendant, upon his guilty plea, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of four and one-half to nine years, unanimously affirmed.

Defendant did not preserve for appellate review his claim that the trial court erred in accepting his plea without first conducting a CPL 730.10 hearing (see, People v Lopez, 71 NY2d 662), and we decline to review in the interest of justice. Were we to review, we would note that defendant on seven separate occasions refused to submit to a psychiatric examination and thus cannot maintain that his rights to a hearing were violated (cf., Matter of Lee v County Ct., 27 NY2d 432, 442 [defendant precluded from offering expert testimony at trial for having refused to submit to a psychiatric examination], cert denied 404 US 823).

The predicate felony information showed that defendant had one prior felony, which he never challenged. Therefore, the present claim that the prior felony was a youthful offender adjudication was waived (see, People v Smith, 73 NY2d 961, 962). Concur—Carro, J. P., Ellerin, Rubin and Nardelli, JJ.