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People v Espinal (Johnny)
2016 NY Slip Op 50519(U) [51 Misc 3d 133(A)]
Decided on April 12, 2016
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 12, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Ling-Cohan, JJ.
570157/13

The People of the State of New York, Respondent,

against

Johnny Espinal, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Michelle A. Armstrong, J.), rendered January 6, 2013, convicting him, upon a plea of guilty, of criminal possession of a weapon in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Michelle A. Armstrong, J.), rendered January 6, 2013, affirmed.

Defendant's guilty plea was knowing, intelligent and voluntary. The court sufficiently advised defendant of all the rights he was giving up by pleading guilty (see Boykin v Alabama, 395 US 238 [1969]), "notwithstanding that it omitted the word jury' from its reference to giving up the right to a trial" (People v Terrell, 134 AD3d 651 [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: April 12, 2016