Opinion
No. 980 KA 22-01196
12-22-2023
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEFFREY R. HICKEY, DEFENDANT-APPELLANT.
HAYDEN M. DADD, CONFLICT DEFENDER, GENESEO (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT. GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.
HAYDEN M. DADD, CONFLICT DEFENDER, GENESEO (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.
GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, MONTOUR, GREENWOOD, AND NOWAK, JJ.
Appeal from a judgment of the Livingston County Court (Jennifer M. Noto, J.), rendered July 7, 2022. The judgment convicted defendant upon his plea of guilty of attempted assault in the first degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]), defendant contends that his statutory right to a speedy trial was violated inasmuch as County Court erred in denying that part of his omnibus motion seeking to strike the People's certificate of compliance as invalid. By pleading guilty, defendant forfeited review of his contention regarding the motion to strike (see People v Smith, 217 A.D.3d 1578, 1578 [4th Dept 2023]). Moreover, defendant's statutory speedy trial contention is unpreserved for our review (see People v Hardy, 47 N.Y.2d 500, 505 [1979]; People v Valentin, 183 A.D.3d 1271, 1272 [4th Dept 2020], lv denied 35 N.Y.3d 1049 [2020]; People v Pohl, 160 A.D.3d 1453, 1454 [4th Dept 2018], lv denied 32 N.Y.3d 940 [2018]; cf. People v Gaskin, 214 A.D.3d 1353, 1355 [4th Dept 2023]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]; Valentin, 183 A.D.3d at 1272; Pohl, 160 A.D.3d at 1454). Finally, the sentence is not unduly harsh or severe.