| People v Sosa |
| 2016 NY Slip Op 06054 [28 NY3d 965] |
| September 20, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 2, 2016 |
| The People of the State of New York, Appellant, v William Sosa, Respondent. |
Decided September 20, 2016
People v Sosa, 128 AD3d 443, reversed.
Darcel D. Clark, District Attorney, Bronx (William Terrell, III, of counsel), for appellant.
Seymour W. James, Jr., The Legal Aid Society, New York City (Jeffrey Dellheim of counsel), 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]).
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and judgment of Supreme Court, Bronx County, reinstated, in a memorandum.