| People v Murphy |
| 2016 NY Slip Op 00384 [135 AD3d 881] |
| January 20, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Loronda Murphy, Appellant. |
Robert C. Mitchell, Riverhead, NY (Edward E. Smith of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Efman, J.), rendered April 8, 2014, convicting her of grand larceny in the second degree,upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that her plea of guilty was invalid because the CountyCourt failed to advise her of all of her constitutional rights under Boykin vAlabama (395 US 238 [1969]) is unpreserved for appellate review, because she didnot move to vacate her plea prior to the imposition of sentence or otherwise raise theissue in the County Court (seePeople v Isaiah S., 130 AD3d 1081 [2015]; People v Fontanet, 126 AD3d 723 [2015]; People v Pollidore, 123 AD3d1058, 1059 [2014]). In any event, the defendant's contention is without merit. Thereis no uniform mandatory catechism for accepting a plea of guilty (see People v Tyrell, 22 NY3d359, 365 [2013]; People vSeeber, 4 NY3d 780, 781 [2005]). A plea of guilty "will not be invalidated'solely because the Trial Judge failed to specifically enumerate all the rights to which thedefendant was entitled and to elicit from him or her a list of detailed waivers beforeaccepting the guilty plea' " (People v Tyrell, 22 NY3d at 365, quotingPeople v Harris, 61 NY2d 9, 16 [1983]). Here, contrary to the defendant'scontention, the record establishes that she voluntarily, intelligently, and knowinglypleaded guilty after having been sufficiently advised of the rights she would be giving upby pleading guilty (see People v Fiumefreddo, 82 NY2d 536, 543 [1993];People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d at 16; People vNixon, 21 NY2d 338 [1967]). Chambers, J.P., Hall, Austin and Barros, JJ.,concur.