People v. Guillen-Beltre

Summary

The Appellate Division, First Department unanimously affirmed Jean Guillen-Beltre's judgment of conviction for course of sexual conduct against a child in the first degree and his sentence of eight years followed by 10 years of postrelease supervision. The court held that defendant's valid appeal waiver foreclosed his excessive-sentence claim and rejected his argument that omission of the supplemental sex offender victim fee from the plea colloquy invalidated the plea.

Holdings

1. The combination of the court's colloquy and defendant's detailed written waiver, signed after consultation with counsel, constituted a valid waiver of the right to appeal, and the waiver foreclosed review of defendant's excessive-sentence claim.
2. Defendant's challenge to the voluntariness of his guilty plea was not subject to preservation requirements and survived the valid appeal waiver.
3. The supplemental sex offender victim fee imposed under Penal Law § 60.35(1)(b) is not a direct consequence of the conviction whose omission from the plea colloquy automatically invalidates a guilty plea.
4. The court found no basis to reduce defendant's sentence.

Questions Presented

1. Whether defendant validly waived his right to appeal and thereby foreclosed review of his excessive-sentence claim.
2. Whether defendant's challenge to the voluntariness of his guilty plea survived the valid appeal waiver and was exempt from preservation requirements.
3. Whether the omission of the supplemental sex offender victim fee from the plea colloquy rendered the guilty plea invalid because the fee was a direct consequence of the conviction.
4. Whether the sentence should be reduced notwithstanding the appeal waiver.

Disposition

affirmed