People v Collins (Matthew)

[*1] People v Collins (Matthew) 2015 NY Slip Op 50134(U) Decided on February 20, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 20, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
13-232

The People of the State of New York, Respondent,

against

Matthew Collins, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Tamiko A. Amaker, J.), rendered January 18, 2013, convicting him, upon a plea of guilty, of harassment in the second degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Tamiko A. Amaker, J.), rendered January 18, 2013, affirmed.

Under the particular circumstances of this case, we find the record sufficient to establish defendant's understanding and waiver of his Boykin rights (see Boykin v Alabama, 395

US 238 [1969]; People v Tyrell, 22 NY3d 359, 366 [2013]), and of his entry of an otherwise knowing and voluntary guilty plea. As a result of his involvement in a domestic altercation, defendant was initially charged, inter alia, with attempted assault in the third degree, a class B misdemeanor, a charge replaced by the filing of a fourth-degree attempted criminal mischief charge, also a class B misdemeanor. Approximately one week after his arrest, defendant, with counsel by his side, pleaded guilty to second-degree harassment, a violation, in exchange for a sentence of time served. In defendant's presence, defense counsel acknowledged that defendant agreed to waive "formal allocution," and defendant personally confirmed, in response to the court's questioning, that he was pleading guilty of his own free will and because he was in fact guilty, and that he understood that he was giving up his right to a trial (see People v Perez, 116 AD3d 511 [2014]; People v Jackson, 114 AD3d 807 [2014]). A plea of guilty "will not be invalidated solely because the Trial Judge failed to specifically enumerate all the rights to which the defendant was entitled and to elicit from him or her a list of detailed waivers before accepting the guilty plea'" (People v Tyrell, 22 NY3d at 365, quoting People v Harris, 61 NY2d 9, 16 [1983]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: February 20, 2015