Appellate Division of the Supreme Court of New York, 2015

People v. Espinoza

People v. Espinoza
Appellate Division of the Supreme Court of New York · Decided January 26, 2015 · Mazzarelli, Renwick, Degrasse, Richter, Clark
124 A.D.3d 537; 998 N.Y.S.2d 629
People v. Espinoza

Opinion

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered November 28, 2012, convicting defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the first degree, and sentencing him to a term of 45 days and a $500 fine, unanimously affirmed.

The record establishes that defendant’s plea was entered knowingly, intelligently and voluntarily (see People v Harris, 61 NY2d 9, 16-19 [1983]; compare People v Tyrell, 22 NY3d 359 [2013]). The alleged deficiency in the plea allocution did .not constitute a mode of proceedings error or call into question the voluntariness of the plea.

Concur — Mazzarelli, J.E, Renwick, DeGrasse, Richter and Clark, JJ.

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