People v. Parilla

Summary

The New York Court of Appeals held that a defendant waived a statutory statute-of-limitations defense under CPL 30.10 by pleading guilty and waiving his right to appeal. The court also rejected his related ineffective-assistance, vindictive-sentencing, and constitutional challenges, concluding that his plea was knowing, voluntary, and intelligent.

Holdings

1. A defendant waives a nonjurisdictional statute-of-limitations defense by pleading guilty.
2. Defendant could not avoid the consequences of his guilty plea and appeal waiver by recasting the waived statute-of-limitations argument as ineffective assistance of counsel.
3. Defendant's claim that a vindictive sentence was imposed was without merit.

Questions Presented

1. Whether defendant's guilty plea waived his statute-of-limitations defense under CPL 30.10.
2. Whether counsel's failure to file a motion to dismiss the indictment on statute-of-limitations grounds constituted ineffective assistance of counsel.
3. Whether defendant's claim that the sentence was vindictively increased after the plea had merit.

Disposition

affirmed