Opinion
KA 00-02959
February 1, 2002.
Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered October 17, 2000, convicting defendant upon his plea of guilty of, inter alia, murder in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR DEFENDANT-APPELLANT.
EVERTON HIBBERT, DEFENDANT-APPELLANT PRO SE.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN K. LINDLEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant pleaded guilty to murder in the second degree (Penal Law § 125.25) and criminal possession of a weapon in the second degree (Penal Law § 265.03) before Supreme Court ruled on his motion to suppress statements that he made to police, and thus he forfeited the right to appellate review of his contention that those statements were taken in violation of his constitutional rights ( see, People v. Fernandez, 67 N.Y.2d 686, 688; People v. Mojica, 291 A.D.2d 833 [decided herewith]; People v. McIntosh, 274 A.D.2d 968, 969, lv denied 95 N.Y.2d 906). Contrary to defendant's further contention, the sentence is neither unduly harsh nor severe.