KINGSTON – The felony burglary conviction
of a man who worked at the time of a residential burglary as a maintenance
man at a New Paltz apartment complex has had his guilty plea upheld by
the Appellate Division of State Supreme Court.
Eduardo Balbuena, a citizen of Mexico, pled guilty in Ulster County Court
to felony in connection with a July 12, 2012 incident. Early that morning
he donned a ski masked and rubber gloves and using a master key he obtained
through his job entered the apartment of an elderly couple.
Balbuena’s identity was quickly discovered by one of the victims as she was able to lift up his mask.
After pleading guilty, he was sentenced by Judge Donald Williams to seven years in state prison and five years of parole and he waived his right to appeal.
On appeal, Balbuena challenged the validity of that waiver and argued his plea was involuntary because county court did not inform him of the deportation consequences of his plea.
The appeals court rejected that challenge.
