Opinion
2013-10625, Ind. No. 97/11.
09-23-2015
The PEOPLE, etc., respondent, v. Byron RODAS, appellant.
Salvatore C. Adamo, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Salvatore C. Adamo, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, CHERYL E. CHAMBERS, and JOSEPH J. MALTESE, JJ.
Opinion Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered October 31, 2013, convicting him of course of sexual conduct against a child in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant's general waiver of the right to appeal does not foreclose review of his contentions that the evidence was insufficient to support the County Court's conclusion that he violated a condition of his interim probation, and that he was deprived of due process at the hearing conducted by the County Court (see People v. Dissottle, 68 A.D.3d 1542, 1544, 893 N.Y.S.2d 649 ; People v. Jackson, 67 A.D.3d 1252, 1253, 890 N.Y.S.2d 146 ; People v. Butler, 49 A.D.3d 894, 895, 854 N.Y.S.2d 506 ; see also People v. Patterson, 106 A.D.3d 757, 757, 964 N.Y.S.2d 233 ). Moreover, those arguments of the defendant are preserved for appellate review (see People v. Albergotti, 17 N.Y.3d 748, 750, 929 N.Y.S.2d 18, 952 N.E.2d 1010 ). However, the contentions are without merit.
“Sentencing is a critical stage of the criminal proceeding and must satisfy the requirements of due process” (People v. Youmans, 106 A.D.3d 1036, 1036, 965 N.Y.S.2d 381 ; see People v. Fiammegta, 14 N.Y.3d 90, 96, 896 N.Y.S.2d 735, 923 N.E.2d 1123 ; People v. Outley, 80 N.Y.2d 702, 712, 594 N.Y.S.2d 683, 610 N.E.2d 356 ). In order to comply with due process, “the sentencing court must assure itself that the information upon which it bases the sentence is reliable and accurate” (People v. Outley, 80 N.Y.2d at 712, 594 N.Y.S.2d 683, 610 N.E.2d 356 ; see People v. Youmans, 106 A.D.3d at 1037, 965 N.Y.S.2d 381 ). Moreover, a sentencing court faced with an allegation that a defendant violated a condition of a plea agreement must conduct an inquiry sufficient “to satisfy itself that there is a legitimate basis for such a finding” (People v. Taylor, 88 A.D.3d 821, 823, 930 N.Y.S.2d 674 ; see People v. Fiammegta, 14 N.Y.3d at 98, 896 N.Y.S.2d 735, 923 N.E.2d 1123 ; People v. Valencia, 3 N.Y.3d 714, 715, 786 N.Y.S.2d 374, 819 N.E.2d 990 ; People v. Outley, 80 N.Y.2d at 713, 594 N.Y.S.2d 683, 610 N.E.2d 356 ). Here, the County Court, upon conducting an evidentiary hearing, possessed sufficient reliable and accurate information to support its conclusion that there was a legitimate basis for the defendant's discharge from a sex offender treatment program, and that his failure to successfully complete the program constituted a violation of a condition of his interim probation (see People v. Youmans, 106 A.D.3d at 1037, 965 N.Y.S.2d 381 ; People v. Dissottle, 68 A.D.3d at 1544, 893 N.Y.S.2d 649 ; People v. Jackson, 67 A.D.3d at 1253, 890 N.Y.S.2d 146 ; People v. Pickens, 45 A.D.3d 1187, 1188, 846 N.Y.S.2d 469 ).
The defendant's remaining contentions are unpreserved for appellate review (see People v. Miller, 128 A.D.3d 855, 7 N.Y.S.3d 912 ; People v. Bassoff, 51 A.D.3d 682, 683, 857 N.Y.S.2d 664 ), and we decline to review them in the exercise of our interest of justice jurisdiction.