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THE PEOPLE, res, v. TESSA JOHN-CONNOR, def-app

15-292. THE PEOPLE, res, v. TESSA JOHN-CONNOR, def-app — Judgment of conviction (Robert M. Mandelbaum, J.), rendered November 16, 2014, affirmed.

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15-292. THE PEOPLE, res, v. TESSA JOHN-CONNOR, def-app — Judgment of conviction (Robert M. Mandelbaum, J.), rendered November 16, 2014, affirmed.

The record establishes that defendant’s plea was knowing, intelligent and voluntary. In full satisfaction of an accusatory instrument charging her with harassment in the second degree and resisting arrest, defendant pleaded guilty to a single count of disorderly conduct, a violation, in return for a negotiated sentence of time served. In response to the court’s questioning, defendant confirmed that she was pleading guilty of her own free will and that she wished to plead guilty because she was in fact guilty, and that she understood that she was giving up the right to a trial, to remain silent, and to confront witnesses. Thus, the record as a whole establishes that defendant intelligently and understandingly waived her constitutional rights (see People v. Conceicao, 26 NY3d 375, 383 [2015]; Boykin v. Alabama, 395 US 238 [1969]), and entered an otherwise knowing and voluntary guilty plea. Furthermore, as defendant pleaded guilty to an uncharged lesser offense, no factual basis for the plea was necessary (see People v. Moore, 71 NY2d 1002, 1006 [1988]; People v. Clairborne, 29 NY2d 950, 951 [1972]).

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