The Appellate Division, Third Department has today unanimously affirmed the October, 2014 conviction of Luis Ortiz upon his plea of guilty to the crime of rape in the first degree, a class B violent felony.
Defendant’s conviction stems from his forcible rape of an 80 year old woman in her home in the Town of Wawarsing after he imprisoned and strangled her when she tried to scream for help. In satisfaction of multiple charges, including rape in the first degree, burglary in the first degree, burglary in the second degree, unlawful imprisonment in the first degree, strangulation in the second degree and resisting arrest, defendant pled guilty to rape in the first degree. Pursuant to the plea agreement, defendant waived his right to appeal and agreed to be sentenced to 20 years to life in prison if the People established he was a persistent violent felony offender. In this regard, the People filed a persistent violent felony offender statement with the Court setting forth that defendant had previously been convicted of both manslaughter in the first degree and burglary in the first degree and the defendant was given an opportunity to controvert the allegations contained therein.
The People’s application to sentence Ortiz as a persistent violent felony offender was granted by Ulster County Court (Donald A. Williams, J.) and he was sentenced to 20 years to life in prison.
On appeal, while defendant claimed that County Court failed to comply with the procedural requirements set forth in the CPL to sentence him as a persistent violent felon. The Appellate Division, Third Department completely rejected that assertion.
On appeal, the defendant is represented by Assistant Public Defender Michael K. Gould, Esq. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.