PEOPLE v. PINO (2021)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Edward PINO, Defendant-Appellant.

570221 /19

Decided: September 28, 2021

PRESENT: Edmead, P.J., Brigantti, Hagler, JJ.

Judgment of conviction (John P. Walsh, J.), rendered February 19, 2019, affirmed.

The record establishes that defendant's plea was knowing, intelligent and voluntary. In full satisfaction of an accusatory instrument charging him with petit larceny (see Penal Law § 155.25) and criminal possession of stolen property in the fifth degree (see Penal Law § 165.40), two class A misdemeanors, defendant pleaded guilty to disorderly conduct (see Penal Law § 240.20), a violation, in exchange for a sentence of time served. Defendant confirmed that he understood that he was pleading guilty to disorderly conduct, that he had the opportunity to discuss the plea with his attorney, and that he understood he was giving up various rights, including his right to a trial, to remain silent and to call witnesses (see People v Conceicao, 26 NY3d 375, 383 [2015]). Furthermore, as defendant pleaded guilty to the uncharged lesser offense of disorderly conduct, no factual basis for the plea was necessary (see People v Johnson, 23 NY3d 973, 975 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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