Opinion
December 20, 1989
Appeal from the Supreme Court, Erie County, Francis, J.
Present — Callahan, J.P., Denman, Pine, Balio and Davis, JJ.
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.