THE PEOPLE, res, v. ELADIO COLON, def-app

570686/13. THE PEOPLE, res, v. ELADIO COLON, 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 (Steven M. Statsinger, J.), rendered July 25, 2013, affirmed.

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570686/13. THE PEOPLE, res, v. ELADIO COLON, 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 (Steven M. Statsinger, J.), rendered July 25, 2013, 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. In full satisfaction of an accusatory instrument charging defendant with petit larceny, criminal possession of stolen property in the fifth degree and fraudulent accosting, defendant pleaded guilty to a single count of petit larceny, in return for a five-day jail sentence. 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 he was pleading guilty of his own free will and because he was in fact guilty, and that he understood he was giving up his right to a jury 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]).

THE PEOPLE, res, v. ELADIO COLON, def-app

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