People v Colon (Eladio)

[*1] People v Colon (Eladio) 2015 NY Slip Op 50447(U) Decided on April 2, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 2, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.
570686/13

The People of the State of New York, Respondent, -

against

Eladio Colon, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Steven M. Statsinger, J.), rendered July 25, 2013, convicting him, upon his plea of guilty, of petit larceny, and imposing sentence.

Per Curiam.

Judgment of conviction (Steven M. Statsinger, J.), rendered July 25, 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. In full satisfaction of an accusatory instrument charging defendant with petit larceny, criminal possession of stolen property in the fifth degree and fraudulent accosting, defendant pleaded guilty to a single count of petit larceny, in return for a five-day jail sentence. 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 he was giving up his right to a jury trial. 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: April 02, 2015