PEOPLE v. STREETY (2021)

Judgment of conviction (Ann E. Scherzer, J.), rendered February 13, 2015, affirmed.

The record establishes that defendant's plea was knowing, intelligent and voluntary (see People v Conceicao, 26 NY3d 375, 382-383 [2015]). In satisfaction of an accusatory instrument charging petit larceny and fifth-degree criminal possession of stolen property, defendant pleaded guilty to the single count of petit larceny in exchange for a sentence of time served. At the plea proceeding, defendant stated that he was pleading guilty voluntarily and was advised by the court of the specific constitutional rights he was waiving, including the right to a trial, the right to remain silent and the right to have the People prove his guilt beyond a reasonable doubt. Although defendant momentarily stated that he “was buying coffee,” after conferring with counsel, he admitted his guilt to stealing items from a store, as alleged in the accusatory instrument. Under these circumstances, and in light of defendant's obvious familiarity with the criminal justice system resulting from 34 prior guilty pleas, there was no need for the court to conduct a further inquiry (see People v Bermudez, 228 AD2d 237 [1996], lv denied 89 NY2d 919 [1996]; People v Alford, 167 AD2d 232 [1990], lv denied 77 NY2d 835 [1991]; see also People v Butler, 200 AD2d 515 [1994], lv denied 83 NY2d 850, 855 [1994].

In any event, the only relief defendant requests is dismissal of the accusatory instrument rather than vacatur of the plea, and he expressly requests that this Court 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 People v Teron, 139 AD3d 450 [2016]).

Per Curiam.

All concur