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THE PEOPLE, res, v. GABRIEL HERNANDEZ, def-app

14-046. THE PEOPLE, res, v. GABRIEL HERNANDEZ, def-app — Judgment of conviction (Tamiko A. Amaker, J.) rendered May 29, 2013, affirmed.

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14-046. THE PEOPLE, res, v. GABRIEL HERNANDEZ, def-app — Judgment of conviction (Tamiko A. Amaker, J.) rendered May 29, 2013, affirmed.

The record establishes that defendant’s plea was knowing, intelligent and voluntary. In full satisfaction of an accusatory instrument charging defendant with attempted assault in the third degree and harassment in the second degree, defendant pleaded guilty to a single count of second degree harassment, a violation, in return for a negotiated sentence of conditional discharge. In response to the court’s questioning, defendant confirmed that he was pleading guilty of his own free will and that he wished to plead guilty because he was in fact guilty, and that he understood that he was giving up the right to a 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…a list of detailed waivers before accepting the guilty plea’” (People v. Tyrell, 22 NY3d 359, 365, quoting People v. Harris, 61 NY2d 9, 16 [1983]).

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