The People of the State of New
York, Respondent,
against
Rita Thompson,
Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York,
New York County (Diana M. Boyar, J.), rendered October 5, 2012, convicting her, upon
a plea of guilty, of harassment in the second degree, and imposing sentence.
Per Curiam.
Judgment of conviction (Diana M. Boyar, J.), rendered October 5, 2012,
affirmed.
Under the particular circumstances of this case, we find the record sufficient to
establish defendant's understanding and waiver of her Boykin rights (see
Boykin v Alabama, 395
US 238 [1969]; People v Tyrell, 22 NY3d 359, 366 [2013]), and of her entry
of an otherwise knowing and voluntary guilty plea. In full satisfaction of an accusatory
instrument charging defendant with, inter alia, two counts of assault in the third degree,
defendant pleaded guilty to a single count of second degree harassment, a violation, in
return for a negotiated sentence of time served. 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 she was pleading guilty
of her own free will and understood that she was giving up her right to trial. 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 NY2d 9, 16, [1983]). This is
particularly so where, as here, "the record shows that defendant had ample opportunity to
review her options in consultation with counsel" (People v Perez, 116 AD3d 511,
———— [2014]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: December 31, 2014