People v. Host

Summary

The Appellate Division, Third Department, affirmed a judgment convicting David Host of first-degree murder upon his guilty plea and sentencing him to 25 years to life. The court held that his challenges to the voluntariness of the plea were unpreserved and, in any event, unsupported by the record, while his excessive-sentence challenge was barred by his appeal waiver.

Holdings

1. A challenge to the voluntariness of a guilty plea survives a defendant's appeal waiver, regardless of the waiver's validity.
2. Defendant's challenge to the voluntariness of his plea was unpreserved because he did not make an appropriate postallocution motion despite having ample opportunity to do so.
3. The narrow exception to the preservation requirement did not apply because defendant made no statement during the plea proceeding that clearly cast significant doubt on his guilt or called the voluntariness of his plea into question.
4. Even if considered, the record did not establish that defendant's mental-health issues interfered with his ability to understand and participate in the plea proceedings or affected the plea's voluntariness.
5. Defendant's challenge to the sentence as unduly harsh and severe was foreclosed by his unchallenged appeal waiver.

Questions Presented

1. Whether defendant's challenge to the voluntariness of his guilty plea based on his psychiatric history and a presentence statement was preserved for appellate review.
2. Whether the narrow exception to the preservation requirement applied because defendant made a statement during the plea proceeding casting significant doubt on his guilt or the voluntariness of his plea.
3. Whether the record demonstrated that defendant's mental-health issues interfered with his understanding or participation in the plea proceedings or otherwise affected the plea's voluntariness.
4. Whether defendant's challenge to his sentence as unduly harsh and severe was foreclosed by his appeal waiver.

Disposition

affirmed