7 N.Y.3d 656 (2006)

A defendant who pleads guilty waives the right to assert a statute of limitations defense, as it is neither a jurisdictional matter nor a right of constitutional dimension that survives a guilty plea.

Summary

Defendant appealed his conviction for rape and sodomy, arguing ineffective assistance of counsel because his attorney failed to move to dismiss the indictment on statute of limitations grounds. The New York Court of Appeals held that the defendant waived this defense by pleading guilty. The Court reasoned that a guilty plea marks the end of a criminal case and generally prevents review of claims relating to pre-plea rights deprivations. The statute of limitations defense is waivable and does not fall within the limited exceptions for jurisdictional or fundamental constitutional rights that survive a guilty plea. Therefore, the defendant’s claim was foreclosed by his guilty plea.

Facts

In 1993, a sexual assault occurred. The incident was reported, and a semen sample was collected. The case was closed as “unfounded” due to the victim’s reluctance to pursue the complaint. In 1996, the defendant, while imprisoned on unrelated charges, provided a blood sample for a DNA database. In 2003, the sample linked him to the 1993 assault. He was subsequently charged with rape and sodomy.

Procedural History

The defendant filed a pro se motion to dismiss the indictment based on the statute of limitations, but the court refused to entertain it because he was represented by counsel. The court warned defense counsel against frivolous motions. The defendant’s attorney did not file the motion. Subsequently, the defendant pleaded guilty to rape and sodomy, waiving his right to appeal. He later moved to vacate the judgment, claiming ineffective assistance of counsel. The Supreme Court denied the motion, holding that the guilty plea waived the statute of limitations defense. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.

Issue(s)

1. Whether the defendant waived his statute of limitations defense by pleading guilty.
2. Whether the defendant was denied effective assistance of counsel.

Holding

1. Yes, because the statute of limitations defense is not a jurisdictional matter or a constitutional right that survives a guilty plea.
2. No, because under the circumstances of this case, the defendant waived the right to have the issue reviewed; further, counsel secured a favorable plea agreement.

Court’s Reasoning

The Court of Appeals relied on precedent establishing that a guilty plea generally waives claims relating to pre-plea deprivations of rights. The Court distinguished between claims that survive a guilty plea (jurisdictional matters or fundamental constitutional rights) and those that are foreclosed (preindictment misconduct, selective prosecution, etc.). The Court stated that “[a] plea of guilty…marks the end of a criminal case, not a gateway to further litigation.” The statute of limitations, governed by CPL 30.10, is not a jurisdictional or constitutional right and can be waived. The court noted the right to assert this defense can be waived (see People v Mills, 1 NY3d 269 [2003]). The court further stated that the defendant waived his right to have this issue reviewed, due to his plea and the fact that counsel secured a favorable plea agreement. The court cited People v Lopez, 6 NY3d 248 [2006] stating that a valid waiver of the right to appeal includes the waiver of the right to invoke the Appellate Division’s interest of justice jurisdiction to reduce the sentence.