PEOPLE v. MCKENZIE (2019)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Nyoka MCKENZIE, Defendant-Appellant.

570091 /18

Decided: September 10, 2019

PRESENT: Shulman, P.J., Cooper, Edmead, JJ.

Judgment of conviction (Bianka Perez, J.), rendered October 3, 2017, affirmed.

The record establishes that the defendant's guilty plea to disorderly conduct, a violation, in satisfaction of all charges in the misdemeanor complaint, was knowing, intelligent and voluntary (see People v. Conceicao, 26 NY3d 375 [2015]). At the plea proceeding, defendant stated that she had ample time to discuss her case with counsel, waived specific constitutional rights, and acknowledged that she would be sentenced to a conditional discharge, and must live a law-abiding life for one year.

In any event, the only relief defendant requests is dismissal of the accusatory instrument rather than vacatur of the plea, and she expressly requests this Court to affirm the conviction if it does not grant a dismissal. Because we do not find that dismissal would be appropriate, we affirm on this basis as well (see e.g. People v. Teron, 139 AD3d 450 [2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network