NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
June 10, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JUAN CARLOS BAEZ, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered October 10, 2008, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, and sentencing him to a term of 9 years, with 10 years' postrelease supervision, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Andrias, Catterson, Moskowitz, Acosta, JJ.
Defendant challenges the term of postrelease supervision on the ground that the crime "may" have been committed before the effective date of the legislation (Penal Law § 70.45[2-a]) that increased the periods of PRS authorized for certain sex crimes. This is the type of unlawful-sentence claim that requires preservation because it involves a factual dispute (see People v Samms, 95 NY2d 52, 56-58 ), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that the indictment and plea allocution establish that the crime was completed after the statutory change. Accordingly, there was no ex post facto violation.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
© 1992-2010 VersusLaw Inc.