| People v Hecker |
| 2013 NY Slip Op 02692 [105 AD3d 606] |
| April 23, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Tyrone Hecker, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), forrespondent.
Judgments, Supreme Court, New York County (Ronald A. Zweibel, J.), renderedDecember 17, 2008, convicting defendant, upon his pleas of guilty, of robbery in the firstand third degrees, and sentencing him, as a second violent felony offender and as asecond felony offender, to consecutive terms of 10 years and 2 to 4 years, respectively,unanimously affirmed.
Defendant's contention that the court erred in granting him an unduly limitedsuppression hearing is unpreserved, as well as being forfeited by defendant's guilty plea.Rather than issuing an order that finally denied any part of defendant's suppressionmotion, which would be a prerequisite for appellate review (see CPL 710.70 [2]),the court ordered a hearing. While the court's order contained language limiting theissues that could be raised at the hearing, and the limiting language (which appears tohave been inserted inadvertently) was inapplicable to the fact pattern, it was incumbentupon defendant to alert the court to the problem. Instead, defendant pleaded guilty beforeany hearing was held, thereby forfeiting review (see People v Fernandez, 67NY2d 686, 688 [1986]).
We perceive no basis for reducing the sentences or directing that they runconcurrently. Concur—Gonzalez, P.J., Mazzarelli, Moskowitz, Renwick andManzanet-Daniels, JJ.