| People v Perez |
| 2014 NY Slip Op 02518 [116 AD3d 511] |
| April 10, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Federico Perez, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Eric C. Washer of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered December12, 2011, convicting defendant, upon his plea of guilty, of disorderly conduct, andsentencing him to a $100 fine, unanimously affirmed.
Under the particular circumstances of the case, we find that the record establishesdefendant's understanding and waiver of his constitutional rights (see People v Tyrell, 22 NY3d359, 366 [2013]), even though there was no discussion on the record of defendant'srights under Boykin v Alabama (395 US 238 [1969]). "There are, historically,certain minor transgressions which admit of summary disposition" (People vLetterio, 16 NY2d 307, 312 [1965], cert denied 384 US 911 [1966]).
Defendant pleaded guilty to a violation, with no consequences other than a $100fine, which he subsequently paid. In defendant's presence, defense counselacknowledged that defendant agreed to waive "formal allocution." In response to thecourt's questioning, defendant personally confirmed that he wanted to plead guilty, andthat he made this decision after having enough time to confer with his counsel.Moreover, the record shows that defendant had ample opportunity to review his optionsin consultation with counsel, including a one-month adjournment to consider the pleaoffer.
We have considered and rejected defendant's remaining arguments.Concur—Friedman, J.P., Moskowitz, Freedman, Gische and Clark, JJ.