Appeal from a judgment of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), rendered September 29, 2006. The judgment convicted defendant, upon his plea of guilty, of disorderly conduct.

Judgment of conviction affirmed.

Defense counsel entered a negotiated guilty plea to disorderly conduct (Penal Law § 240.20) in open court, in defendant's presence. Defendant was then immediately sentenced to time served. On appeal, defendant contends that the plea violated CPL 340.20 (2) (a) because he did not file a written statement authorizing his attorney to enter a plea on his behalf. We find, however, that the plea was not improper since courts have held, while interpreting similar statutes, that the acceptance of a defendant's guilty plea through a plea of guilty by defense counsel in open court, and in the presence of the defendant, does not warrant reversal of the conviction (see People v Sadness, 300 NY 69, 73 [1949] [interpreting Code of Criminal Procedure § 335]; People v Bellis, 78 AD2d 1014 [1980] [interpreting CPL 220.50]; see also People v Aponte, 212 AD2d 157 [1995]).

Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., Scheinkman and LaCava, JJ., concur.
Decision Date: April 07, 2009