Opinion
February 2, 1990
Appeal from the Niagara County Court, Hannigan, J.
Present — Callahan, J.P., Boomer, Green, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06) based upon the discovery of over one-half ounce of cocaine in defendant's home during the execution of a search warrant. We find no merit to defendant's contention that the court's comments at the plea proceeding violated his constitutional rights. While remarks about a defendant's race, color, creed or nationality have no place in a criminal proceeding, the court's comments in this case do not indicate that the court had any bias or prejudice against defendant. The comments are more in the nature of an effort to scold or chastise defendant. In addition, by pleading guilty before a hearing was conducted on his suppression motion, defendant forfeited his right to appellate review of his claims that the search warrant was not properly issued or timely executed (see, People v Fernandez, 67 N.Y.2d 686, 688; People v Davey, 156 A.D.2d 989; People v Simmons, 121 A.D.2d 483).