THE PEOPLE, res v. JOSE MENDEZ, def-app

13-061. THE PEOPLE, res v. JOSE MENDEZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Diana M. Boyar, J.), rendered August 31, 2012, affirmed.

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13-061. THE PEOPLE, res v. JOSE MENDEZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Diana M. Boyar, J.), rendered August 31, 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 a full three weeks after his arrest, 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 voluntarily, that she committed the underlying offense, and that she understood that she was giving up her 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.).

THE PEOPLE, res v. JOSE MENDEZ, def-app

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