Opinion
01-20-2016
The PEOPLE, etc., respondent, v. Loronda MURPHY, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Edward E. Smith of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Edward E. Smith of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.), rendered April 8, 2014, convicting her of grand larceny in the second degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that her plea of guilty was invalid because the County Court failed to advise her of all of her constitutional rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 is unpreserved for appellate review, because she did not move to vacate her plea prior to the imposition of sentence or otherwise raise the issue in the County Court (see People v. Isaiah S., 130 A.D.3d 1081, 13 N.Y.S.3d 840 ; People v. Fontanet, 126 A.D.3d 723 2 N.Y.S.3d 371 ; People v. Pollidore, 123 A.D.3d 1058, 1059, 997 N.Y.S.2d 752 ). In any event, the defendant's contention is without merit. There is no uniform mandatory catechism for accepting a plea of guilty (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 ; People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ). 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 N.Y.3d at 365, 981 N.Y.S.2d 336, 4 N.E.3d 346, quoting People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ). Here, contrary to the defendant's contention, the record establishes that she voluntarily, intelligently, and knowingly pleaded guilty after having been sufficiently advised of the rights she would be giving up by pleading guilty (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Moissett, 76 N.Y.2d 909, 910–911, 563 N.Y.S.2d 43, 564 N.E.2d 653 ; People v. Harris, 61 N.Y.2d at 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Nixon, 21 N.Y.2d 338, 287 N.Y.S.2d 659, 234 N.E.2d 687 ).
CHAMBERS, J.P., HALL, AUSTIN and BARROS, JJ., concur.