People v. Harrington

Summary

The New York Appellate Division, Second Department, affirmed judgments convicting Travis Harrington of aggravated sexual abuse in the second degree and bail jumping in the second degree following guilty pleas. The court held that Harrington knowingly, voluntarily, and intelligently waived his right to appeal, which barred review of his second-felony-offender adjudication and excessive-sentence claim; his facial constitutional challenge to New York's predicate felony offender statutes was unpreserved and declined in the interest of justice.

Holdings

1. The defendant's waiver of the right to appeal was valid because, under the totality of the circumstances, it was knowing, voluntary, and intelligent. The waiver was sufficiently addressed as a condition of the plea bargain before the defendant entered his guilty pleas, even though much of the discussion occurred afterward.
2. The defendant's valid waiver of the right to appeal precluded appellate review of his challenge to the procedure used to adjudicate him a second felony offender.
3. The defendant's valid waiver of the right to appeal precluded appellate review of his contention that the sentences imposed were excessive.
4. The defendant's facial constitutional challenge to New York's predicate felony offender statutes was not barred by the appeal waiver, but it was unpreserved for appellate review, and the court declined to reach it in the exercise of its interest-of-justice jurisdiction.

Questions Presented

1. Whether the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent.
2. Whether the valid appeal waiver barred review of the procedure used to adjudicate the defendant a second felony offender.
3. Whether the valid appeal waiver barred review of the defendant's claim that his sentences were excessive.
4. Whether the defendant's facial constitutional challenge to New York's predicate felony offender statutes was preserved and should be reached in the exercise of interest-of-justice jurisdiction.

Disposition

affirmed