People v Sosa

People v Sosa 2016 NY Slip Op 06054 Decided on September 20, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 20, 2016
No. 212 SSM 18

[*1]The People & c., Appellant,

v

William Sosa, Respondent.

Submitted by William Terrell, III, for appellant.

Submitted by Jeffrey Delheim, for respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed and the judgment of Supreme Court reinstated. The record here evidences that defendant was aware that he had the [*2]right to a trial, had the benefit of his counsel's efforts and guidance, spoke with counsel, and chose to forgo trial in favor of entering a guilty plea. Therefore, the totality of the circumstances establish the voluntariness of the plea (People v Conceicao, 26 NY3d 375, 382-384 [2015]).

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On review of submissions pursuant to section 500.11 of the Rules (22 NYCRR 500.11), order reversed and judgment of Supreme Court, Bronx County, reinstated, in a memorandum. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided September 20, 2016