Opinion
No. 570127/12.
2014-06-4
The PEOPLE of the State of New York, Respondent, v. Abdelouahad AFILAL, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Tamiko A. Amaker, J.), rendered January 9, 2012, convicting him, upon a plea of guilty, of criminal possession of marihuana in the fifth degree, and imposing sentence.
Present: HUNTER, JR., J.P., LOWE, III, SHULMAN, JJ. PER CURIAM.
Judgment of conviction (Tamiko A. Amaker, J.), rendered January 9, 2012, affirmed.
Under the particular circumstances of this case, we find the record sufficient to establish defendant's understanding and waiver of his Boykin rights ( see Boykin v. Alabama, 395 U.S. 238 [1969]; People v. Tyrell, 22 N.Y.2d 359, 366 [2013] ), and of his entry of an otherwise knowing and voluntary guilty plea. In defendant's presence, defense counsel acknowledged that defendant agreed to waive “formal allocution,” and defendant personally confirmed, in response to the court's questioning, that he was pleading guilty of his own free will and because he was in fact guilty, that he understood that he was giving up his right to a trial, and that he had “had a chance to fully discuss this plea and all the possible consequences with [his] lawyer” ( see People v. Perez, 116, AD3d 511, 2014 N.Y. Slip Op 02518 [1st Dept 2014]; People v. Jackson, 114 AD3d 807 [2014] ). A plea of guilty “will not be invalidated solely because the Trial Judge failed to specifically enumerate all the rights to which the defendant was entitled and to elicit from him or her a list of detailed waivers before accepting the guilty plea' “ ( People v. Tyrell, 22 NY3d at 365, quoting People v. Harris, 61 N.Y.2d 9, 16, [1983] ).
We have considered and rejected defendant's jurisdictional point.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.