People v. Morocho, 2014-03191
| Court | New York Supreme Court Appellate Division |
| Citation | 11 N.Y.S.3d 684,2015 N.Y. Slip Op. 05502,129 A.D.3d 1107 |
| Docket Number | 2014-03191 |
| Parties | The PEOPLE, etc., respondent, v. Juan MOROCHO, appellant. |
| Decision Date | 24 June 2015 |
129 A.D.3d 1107
11 N.Y.S.3d 684
2015 N.Y. Slip Op. 05502
The PEOPLE, etc., respondent
v.
Juan MOROCHO, appellant.
2014-03191
Supreme Court, Appellate Division, Second Department, New York.
June 24, 2015.
Marianne Karas, Thornwood, N.Y., for appellant.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Kevin C. King of counsel; Gregory J. Klubok on the brief), for respondent.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, and BETSY BARROS, JJ.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz, J.), rendered February 26, 2014, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowingly, voluntarily, and intelligently entered. “Whether a plea was knowing, intelligent and voluntary is dependent upon a number of factors ‘including the nature and terms of the agreement, the reasonableness of the bargain, and the age and experience of the accused’ ” (People v. Garcia, 92 N.Y.2d 869, 870, 677 N.Y.S.2d 772, 700 N.E.2d 311, quoting People v. Hidalgo, 91 N.Y.2d 733, 736, 675 N.Y.S.2d 327, 698 N.E.2d 46 ). Here, the defendant, who had the assistance of an attorney, knowingly and voluntarily admitted his guilt after a thorough and complete plea allocution. The defendant acknowledged
that he had enough time to completely discuss the facts of his case with his attorney before pleading guilty. The defendant acknowledged that he understood that, by pleading guilty, he was forfeiting his rights to a trial by jury, to present witnesses on his own behalf, to remain silent, and to be proven guilty beyond a reasonable doubt. The defendant indicated that no one had forced or coerced him to enter the plea of guilty, and sufficiently allocuted to the facts of the subject crime. Further, the defendant was fully apprised of the consequences of his plea. The Supreme Court expressly advised the defendant, who was not a United States citizen, that his plea of guilty may result in his deportation or denial of naturalization (see Penal Law § 220.50[7] ; People v. Peque, 22 N.Y.3d 168, 197, 980 N.Y.S.2d 280 ; People v. Taveras, 123...
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...170 ; People v. Singh , 158 A.D.3d 824, 825, 68 N.Y.S.3d 888 ; People v. Dancy , 156 A.D.3d 717, 66 N.Y.S.3d 530 ; People v. Morocho , 129 A.D.3d 1107, 1108, 11 N.Y.S.3d 684 ). The defendant's valid waiver of his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.......
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...were knowingly, voluntarily, and intelligently entered (see People v. Duart, 144 A.D.3d at 1175, 41 N.Y.S.3d 747 ; People v. Morocho, 129 A.D.3d 1107, 11 N.Y.S.3d 684 ; People v. Safran, 113 A.D.3d 878, 979 N.Y.S.2d 399 ). The defendant, who had the assistance of an attorney, and had a leng......
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