People v. Espinoza

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2015-01-26
Citations: 124 A.D.3d 537, 998 N.Y.S.2d 629
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Combined 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.