Opinion
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.
MEMORANDUM AND ORDER
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, 190 N.Y.S.3d 557 [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, 419 N.Y.S.2d 49, 392 N.E.2d 1233 [1979] ; People v. Valentin , 183 A.D.3d 1271, 1272, 123 N.Y.S.3d 376 [4th Dept. 2020], lv denied 35 N.Y.3d 1049, 127 N.Y.S.3d 846, 151 N.E.3d 527 [2020] ; People v. Pohl , 160 A.D.3d 1453, 1454, 76 N.Y.S.3d 337 [4th Dept. 2018], lv denied 32 N.Y.3d 940, 84 N.Y.S.3d 867, 109 N.E.3d 1167 [2018] ; cf. People v. Gaskin , 214 A.D.3d 1353, 1355, 186 N.Y.S.3d 467 [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, 123 N.Y.S.3d 376 ; Pohl , 160 A.D.3d at 1454, 76 N.Y.S.3d 337 ). Finally, the sentence is not unduly harsh or severe.