| People v Nunez |
| 2010 NY Slip Op 04015 [73 AD3d 1469] |
| May 7, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Julio R.Nunez, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered April 18,2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of acontrolled substance in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]).We reject the contention of defendant that County Court erred in failing to address his requeststo proceed pro se. "Defendant never made an unequivocal invocation of his right ofself-representation[ ] because each of his requests to proceed pro se was made in the context of arequest for substitution of counsel" (People v McClam, 297 AD2d 514, 514 [2002],lv denied 99 NY2d 537 [2002]; see also People v Caswell, 56 AD3d 1300, 1301-1302 [2008],lv denied 11 NY3d 923 [2009], denied reconsideration 12 NY3d 781 [2009]; see generally People v Gillian, 8NY3d 85, 88 [2006]).
We conclude that "[d]efendant forfeited the right to our review of [his further] contention[ ]. . . that the court should have suppressed evidence seized [from his residence]inasmuch as he pleaded guilty before the court determined whether suppression was warranted"(People v Graham, 42 AD3d933, 933-934 [2007], lv denied 9 NY3d 876 [2007]). "A guilty plea 'generallyresults in a forfeiture of the right to appellate review of any nonjurisdictional defects in theproceedings' " (People v Powless,66 AD3d 1353 [2009], quoting People v Fernandez, 67 NY2d 686, 688 [1986]).Although a defendant convicted upon a plea of guilty may seek review of "[a]n order finallydenying a motion to suppress evidence" (CPL 710.70 [2]) upon an appeal from the judgment ofconviction, no such order was issued in this case. Present—Smith, J.P., Carni, Sconiersand Pine, JJ.