People v. Feliciano

Summary

The Appellate Division, Second Department affirmed Daniel Feliciano's judgment of conviction for criminal possession of stolen property in the fifth degree following his guilty plea. The court held that his challenge to mandatory surcharges and fees was unpreserved and declined to review it in the interest of justice, and it rejected his ineffective-assistance-of-counsel claim.

Holdings

1. Defendant's contention that the mandatory surcharge and fees should have been waived pursuant to CPL 420.35(2-a) was unpreserved for appellate review.
2. The court declined to reach the unpreserved waiver issue in the exercise of its interest-of-justice jurisdiction because the People did not consent.
3. Defendant failed to establish ineffective assistance of counsel under either the federal or New York constitutional standards.

Questions Presented

1. Whether defendant's challenge to the mandatory surcharge and fees was preserved for appellate review.
2. Whether the Appellate Division should reach the unpreserved waiver issue in the interest of justice absent the People's consent.
3. Whether defense counsel's failure to request waiver of the mandatory surcharge and fees constituted ineffective assistance under the federal or New York constitutional standards.

Disposition

affirmed