People v. Persaud

Summary

The New York Appellate Division, Second Department modified the defendant's sentence in the interest of justice by reducing postrelease supervision from 20 years to 10 years on convictions for sex trafficking and criminal sexual act in the first degree, while affirming the sentence as modified. The majority held that the appeal waiver was invalid and that the sentence was excessive in part; a dissent would have affirmed the bargained-for sentence.

Holdings

1. Defendant's purported waiver of the right to appeal was invalid because the County Court made its own offer of sentence and required the waiver without stating a reason for demanding it; the waiver therefore did not preclude appellate review of the excessive-sentence claim.
2. An intermediate appellate court has broad, plenary authority to modify a sentence that is unduly harsh or severe under the circumstances, even when the sentence falls within the permissible statutory range, and may exercise that authority without deference to the sentencing court.
3. The Appellate Division may modify a sentence even when the defendant pleaded guilty and received the sentence for which he bargained.
4. The 20-year periods of postrelease supervision imposed on the sex-trafficking conviction under count 3 and the first-degree criminal-sexual-act conviction were excessive under the circumstances and were properly reduced to 10 years; the 12-year aggregate determinate prison term was not excessive.

Questions Presented

1. Whether defendant's purported waiver of the right to appeal was valid and precluded review of his excessive-sentence claim.
2. Whether the Appellate Division could modify a sentence imposed pursuant to a guilty plea and negotiated plea bargain under its interest-of-justice sentencing authority.
3. Whether the imposed periods of postrelease supervision were unduly harsh or severe under the circumstances.

Disposition

affirmed