PEOPLE v. BLAIR (2007)

Judgment, Supreme Court, Bronx County (John N. Byrne, J.), rendered May 18, 2005, convicting defendant, upon his plea of guilty, of course of sexual conduct against a child in the second degree, and sentencing him to a term of 3 years, unanimously affirmed.

Although we find that defendant did not make a valid waiver of his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), we perceive no basis for reducing the sentence.

The court properly imposed a supplemental sex offender victim fee (see Penal Law § 60.35[1][b] ).  Course of sexual conduct against a child is a continuing crime (see People v. Palmer, 7 A.D.3d 472, 778 N.Y.S.2d 144 [2004], lv. denied 3 N.Y.3d 710, 785 N.Y.S.2d 38, 818 N.E.2d 680 [2004] ).   In his plea allocution, defendant specifically admitted, as charged in the accusatory instrument, that the crime began in 2003 and ended in 2005.   Since the statute providing for the imposition of the fee at issue took effect in 2004, there was no ex post facto violation (see e.g. People v. Rosich, 170 A.D.2d 703, 704, 567 N.Y.S.2d 749 [1991], lv. denied 77 N.Y.2d 1000, 571 N.Y.S.2d 926, 575 N.E.2d 412 [1991] ).   Defendant's assertion that the crime was committed “in full” for ex post facto purposes in 2003 rests on speculation, and is contradicted by the accusatory instrument and plea allocution.