The People of the State of New York, Respondent, v. Randy Santana, Defendant-Appellant. (2025)

Per Curiam.

Judgment of conviction (Herbert J. Moses, J.), rendered June 4, 2019, affirmed.

In satisfaction of an accusatory instrument charging three class A misdemeanors, including criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03), defendant pleaded guilty to disorderly conduct, a violation, in exchange for a conditional discharge. Our review of the record satisfies us that the plea was knowing, voluntary and intelligent (see People v Conceicao, 26 NY3d 375 [2015]). At the plea proceeding, defendant, among other things, waived prosecution by information and formal allocution, stated that: he was pleading guilty freely and voluntarily; he had enough time to discuss the plea with his attorney; and he understood he was giving up his rights to a trial, to remain silent, to call witnesses and to confront the People's witnesses. Thus, the record as a whole establishes defendant's understanding and waiver of his constitutional rights (see Boykin v Alabama, 395 US 238 [1969]), notwithstanding that the court omitted the word "jury" from its reference to the right to a trial (see People v Mendez, 148 AD3d 555, 555 [2017], lv denied 29 NY3d 1083 [2017]; People v Williams, 137 AD3d 706, 706 [2016], lv denied 27 NY3d 1141 [2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: December 11, 2025