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THE PEOPLE, res, v. BARBARA MORALES, def-app

13-379. THE PEOPLE, res, v. BARBARA MORALES, def-app — Judgment of conviction (Rita M. Mella, J. at initial plea; Erika M. Edwards, J. at re-plea and sentencing), rendered March 7, 2013, affirmed.

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13-379. THE PEOPLE, res, v. BARBARA MORALES, def-app — Judgment of conviction (Rita M. Mella, J. at initial plea; Erika M. Edwards, J. at re-plea and sentencing), rendered March 7, 2013, affirmed.

The record amply establishes that defendant’s plea was knowing, intelligent, and voluntary. Defendant entered into a plea agreement that contemplated that she would initially plead guilty to petit larceny (see Penal Law §155.25), but would ultimately have that conviction reduced to disorderly conduct (see Penal Law §240.20), a violation, if she, inter alia, was not rearrested during the next year and paid restitution. At the plea proceeding, the court advised defendant of the rights she was waiving by pleading guilty (see Boykin v. Alabama, 395 US 238 [1969]), including the right to a trial, the right to remain silent and the right to confront her accusers (see People v. Conceicao, 26 NY3d 375 [2015]).

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