Opinion
August 28, 1995
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the judgment is affirmed.
The defendant pleaded guilty prior to a decision by the hearing court on that branch of his omnibus motion which was to suppress physical evidence. Thus, he forfeited his right to appellate review of any suppression issue (see, People v. Fernandez, 67 N.Y.2d 686; People v. Patterson, 194 A.D.2d 748).
The defendant has waived his claim that the second felony offender statement was defective by his failure to timely raise the issue (see, People v. Smith, 73 N.Y.2d 961; People v Hamilton, 205 A.D.2d 706).
The defendant's claim of ineffective assistance of counsel is unsupported by the record. Finally, the defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.