People v. Diaz

2017 NY Slip Op 6981, 154 A.D.3d 440, 60 N.Y.S.3d 821

Opinion

Judgment, Supreme Court, New York County (Robert M. Stolz, J. at plea; Ronald A. Zweibel, J. at sentencing), rendered June 22, 2015, as amended September 25, 2015, convicting defendant of sexual abuse in the first degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

Defendant’s constitutional challenge to the 1996 predicate conviction supporting his second violent felony offender adjudication is unavailing (see People v Harris, 61 NY2d 9, 15-16 [1983]). The Court of Appeals has “never held that a plea is effective only if a defendant acknowledges committing every element of the pleaded-to offense, or provides a factual exposition for each element of the pleaded-to offense” (People v Seeber, 4 NY3d 780, 781 [2005] [citations omitted]). Since nothing in defendant’s 1996 plea allocution negated an element of first-degree manslaughter or cast doubt on defendant’s guilt or the voluntariness of the plea, there was no basis to invalidate it (see id.). Moreover, the elements of the crime, and defendant’s accessorial liability (see Penal Law § 20.00), could be readily inferred from his responses during the allocution (see People v McGowen, 42 NY2d 905 [1977]).

We perceive no basis for reducing the sentence, including the 15-year term of postrelease supervision.

Concur — Acosta, P.J., Renwick, Webber, Oing and Moulton, JJ.