PEOPLE v. LEIGH (2026)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Albany County (Andra Ackerman, J.), rendered February 8, 2022, convicting defendant upon his plea of guilty of the crimes of attempted sexual misconduct and criminal contempt in the first degree.

In satisfaction of a five-count indictment, defendant pleaded guilty to attempted sexual misconduct and criminal contempt in the first degree upon the understanding that he would be sentenced to time served on the sexual misconduct conviction and five years of probation on the criminal contempt conviction.  During the plea colloquy, defendant was apprised that he would be required to register as a sex offender and pay over $1,000 in surcharges and fees as a result of his guilty plea (see Penal Law § 60.35).  Defendant was further advised of the maximum term of incarceration he could face on both convictions if he violated the terms of the plea agreement and was, moreover, required to waive his right to appeal under its terms.  County Court thereafter imposed the agreed-upon sentences and directed that defendant pay the mandatory surcharges and fees.  Defendant appeals.

Defendant argues that his plea was not knowingly, voluntarily and intelligently entered because he was not advised that, apart from the mandatory fees and surcharges he faced as a result of pleading guilty, additional fines could have theoretically been imposed as part of his sentence (see Penal Law §§ 60.01[3];  80.00[1];  80.05[2] ).  This challenge to the knowing and voluntary nature of the guilty plea survived defendant's unchallenged appeal waiver but, as he acknowledges, would ordinarily be unpreserved for our review because he failed to raise it in an appropriate postallocution motion (see People v. Robles, 243 A.D.3d 1017, 1018–1019, 245 N.Y.S.3d 449 [3d Dept 2025] ).  Defendant correctly points out that preservation was not required in this case because he alleges that County Court failed in its obligation to advise him of a direct consequence of his plea – namely, that he could be sentenced to pay a fine – and that he therefore “had no actual or practical ability to object prior to” sentencing (People v. Padilla–Zuniga, 43 N.Y.3d 1049, 1051, 239 N.Y.S.3d 71, 265 N.E.3d 1088 [2025] [internal quotation marks and citation omitted];  see People v. Louree, 8 N.Y.3d 541, 546, 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007];  People v. Lohnes, 112 A.D.3d 1148, 1149 n 1, 976 N.Y.S.2d 719 [3d Dept 2013] ).¹  That said, the argument fails on the merits.  Fines were not part of the agreed-upon sentence and were not actually imposed, and County Court was therefore under no obligation to address them during the plea colloquy because they were not “[d]irect consequences” of the plea with “a definite, immediate and largely automatic effect on defendant's punishment” (People v. Harnett, 16 N.Y.3d 200, 205, 920 N.Y.S.2d 246, 945 N.E.2d 439 [2011];  see People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 [2010];  compare People v. Padilla–Zuniga, 43 N.Y.3d at 1051, 239 N.Y.S.3d 71, 265 N.E.3d 1088;  People v. Louree, 8 N.Y.3d at 545, 838 N.Y.S.2d 18, 869 N.E.2d 18;  People v. Stewart, 92 A.D.3d 1146, 1147–1148, 940 N.Y.S.2d 178 [3d Dept 2012] ).  Thus, as our review of the plea colloquy confirms that County Court fulfilled its duty of ensuring that defendant had “a full understanding of what the plea connote[d] and its consequences” before he pleaded guilty, we affirm (People v. Ford, 86 N.Y.2d 397, 402–403, 633 N.Y.S.2d 270, 657 N.E.2d 265 [1995];  see People v. Padilla–Zuniga, 43 N.Y.3d at 1051, 239 N.Y.S.3d 71, 265 N.E.3d 1088).

ORDERED that the judgment is affirmed.

FOOTNOTES

1.   To the extent that defendant separately complains that he was not advised during the plea colloquy as to the exact amount of the mandatory fees and surcharges that would be imposed as a result of his conviction, that issue is unpreserved in the absence of an appropriate postallocution motion (see People v. Bush, 38 N.Y.3d 66, 71–72, 167 N.Y.S.3d 435, 187 N.E.3d 1047 [2022];  People v. Martin, 222 A.D.3d 1414, 1415–1416, 200 N.Y.S.3d 269 [4th Dept 2023], lv denied 41 N.Y.3d 966, 208 N.Y.S.3d 549, 232 N.E.3d 227 [2024] ).  A lack of specificity on that point would not, in any event, render the plea involuntary because “[s]uch administrative fees are not components of a defendant's sentence” (People v. Witherspoon, 210 A.D.3d 1145, 1148, 178 N.Y.S.3d 236 [3d Dept 2022] [internal quotation marks and citation omitted], lv denied 39 N.Y.3d 1076, 183 N.Y.S.3d 777, 204 N.E.3d 413 [2023];  see People v. Stewart, 92 A.D.3d 1146, 1148 n 2, 940 N.Y.S.2d 178 [3d Dept 2012] ).

Corcoran, J.

Garry, P.J., Clark, Pritzker and McShan, JJ., concur.