Defendant appeals from a judgment of the Criminal Court of the City of New York,New York County (Jennifer G. Schecter, J.), rendered February 24, 2011, convictinghim, upon a plea of guilty, of promoting prostitution in the fourth degree, and imposingsentence.

Per Curiam.

Judgment of conviction (Jennifer G. Schecter, J.), rendered February 24, 2011,affirmed.

Under the particular circumstances of this case, we find the record sufficient to establish defendant's understanding and waiver of his Boykin rights (seeBoykin v Alabama, 395
US 238 [1969] People v Tyrell, 22 NY3d 359, 366 [2013]), and of his entry of an otherwise knowing and voluntary guilty plea. Defendant was arrested and charged with promoting prostitution in thethird degree (Penal Law § 230.25[1]), a class D felony punishable by a prisonsentence of 1 to 3 years. Approximately one week after his arrest defendant, with counselat his side, pleaded guilty to a reduced misdemeanor charge of fourth-degree promotingprostitution (Penal Law § 230.20) in return for a negotiated sentence of a $250 fine,which he paid. The plea minutes reflect that defendant personally confirmed that he waspleading guilty of his own free will and because he was in fact guilty of the reducedcharge. Further, defense counsel, in announcing defendant's willingness to accept thePeople's favorable plea offer, indicated that he (counsel) had "conferred on this matterwith [defendant] over the past two days." Thus, the record showed that defendant"clearly understood the nature of the charges to which he was pleading and willinglyentered his plea to obtain the benefit of the bargain he had struck" (People vGoldstein, 12 NY3d 295, 301 [2009]), and had "ample opportunity to review hisoptions in consultation with counsel" (People v Perez, 116 AD3d 511, __ [2014] see People v Jackson, 114 AD3d807 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur

Decision Date: June 09, 2014