People v. JoslinPeople v. Joslin
Defendant was charged in an indictment with criminal sexual act in the first degree (two counts), sexual abuse in the first degree and course of sexual contact against a child in the first degree, stemming from allegations that he subjected two children to acts of sexual contact when they were both 11 years old. The indictment also charged defendant with rape in the first degree (two counts), based upon allegations that he subjected one of the victims to sexual intercourse by forcible compulsion when the victim was an adult. Defendant pleaded guilty to the two rape charges in full satisfaction of the indictment and waived his right to appeal. County Court sentenced defendant in accordance with the terms of the plea agreement to concurrent prison terms of 10 years, to be followed by 20 years of postrelease supervision. Defendant now appeals.
We affirm. Defendant‘s sole contention on appeal is that County Court‘s failure to redact certain statements and information contained in the presentence investigation report violated his due process rights. Defendant does not contest the validity of his waiver of the right to appeal, and our review of the record confirms that the waiver was knowing, intelligent and voluntary. Inasmuch as the failure to redact information contained in the presentence investigation report “does not involve a right of constitutional dimension going to ‘the very heart of the process‘” (People v Lopez, 6 NY3d 248, 255 [2006], quoting People v Hansen, 95 NY2d 227, 230 [2000]), defend
Peters, P.J., Garry and Devine, JJ., concur. Ordered that the judgment is affirmed.