People v. Pastel

Summary

The Appellate Division, Third Department affirmed Anthony Pastel's judgment of conviction for assault in the second degree following his guilty plea and sentence to seven years in prison plus postrelease supervision. The court held that his challenges to the legality and constitutionality of the sentence were unpreserved because he neither objected to the sentence nor moved to withdraw his plea, and declined to reach the claims in the interest of justice.

Holdings

1. A challenge to the sentence based on the court's alleged consideration of improper factors and insufficient consideration of mitigating factors was unpreserved because defendant neither objected to the sentence actually imposed nor moved to withdraw his guilty plea.
2. The alleged sentencing error did not qualify for the narrow exception to the preservation rule because it was not a fundamental flaw and the sentence was not illegal in a manner readily discernible from the trial record.
3. The court declined defendant's request to take corrective action in the interest of justice.

Questions Presented

1. Whether defendant's challenge to the sentence was preserved for appellate review when he did not object to the sentence or move to withdraw his guilty plea.
2. Whether the alleged sentencing errors fell within the narrow exception to the preservation rule for fundamental flaws or an illegal sentence readily discernible from the trial record.
3. Whether the Appellate Division should exercise its interest-of-justice jurisdiction to modify or otherwise correct the sentence.

Disposition

affirmed