| People v Lomack |
| 2009 NY Slip Op 04636 [63 AD3d 1658] |
| June 5, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v William T.Lomack, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.),rendered February 24, 2005. The judgment convicted defendant, upon his plea of guilty, ofrobbery 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 robberyin the first degree (Penal Law § 160.15 [2]), defendant contends that his right to dueprocess was violated by the failure of the police to record his interrogation. Defendant failed topreserve that contention for our review (see CPL 470.05 [2]) and, in any event, it lacksmerit. "[T]his Court has repeatedly determined that the failure to record a defendant'sinterrogation electronically does not constitute a denial of due process" (People v Malave, 52 AD3d 1313,1315 [2008], lv denied 11 NY3d 790 [2008]; see e.g. People v Mendez, 50 AD3d 1526 [2008], lvdenied 11 NY3d 739 [2008];People v Williams, 39 AD3d 1200 [2007], lv denied 9 NY3d 853 [2007]).Present—Martoche, J.P., Smith, Fahey, Carni and Green, JJ.