The People of the State of New
York, Respondent,
against
Mactar Sougou,
Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York,
New York County (James M. Burke, J.), rendered December 4, 2012, convicting him,
upon a plea of guilty, of unlicensed general vending, and imposing sentence.
Per Curiam.
Judgment of conviction (James M. Burke, J.), rendered December 4, 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
US 238 [1969]; People v Tyrell, 22 NY3d 359, 366 [2013]), and of his entry
of an otherwise knowing and voluntary guilty plea. During plea proceedings held some
seven months after his arrest, defense counsel, after acknowledging that defendant
agreed to waive "formal allocution," stated that he had discussed with defendant the
sentencing consequences of pleading guilty, and defendant personally confirmed, in
response to the court's questioning, that he was pleading guilty voluntarily, that he
committed the underlying offense, and that he understood that he was giving up his right
to trial. Manifestly, this case does not involve the type of "silent record" which, as
Tyrell cautions, is insufficient to "overcome the presumption against waiver by a
defendant of constitutionally guaranteed protections" (People v Tyrell, 22 NY3d
at 365, quoting People v. Harris, 61 NY2d 9, 17 [1983]). To the contrary, the
plea record, taken as a whole and read in context, amply shows that defendant
"intelligently and understandingly rejected his [Boykin] rights" (id.).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: February 20, 2015