People v. Pino (Edward)

People v Pino (2021 NY Slip Op 50904(U)) [*1] People v Pino (Edward) 2021 NY Slip Op 50904(U) [73 Misc 3d 128(A)] Decided on September 28, 2021 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on September 28, 2021 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Edmead, P.J., Brigantti, Hagler, JJ. 570221/19 The People of the State of New York, Respondent, against Edward Pino, Defendant-Appellant. Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John P. Walsh, J.), rendered February 19, 2019, convicting him, upon his plea of guilty, of disorderly conduct, and imposing sentence. Per Curiam. Judgment of conviction (John P. Walsh, J.), rendered February 19, 2019, affirmed. The record establishes that defendant's plea was knowing, intelligent and voluntary. In full satisfaction of an accusatory instrument charging him with petit larceny (see Penal Law § 155.25) and criminal possession of stolen property in the fifth degree (see Penal Law § 165.40), two class A misdemeanors, defendant pleaded guilty to disorderly conduct (see Penal Law § 240.20), a violation, in exchange for a sentence of time served. Defendant confirmed that he understood that he was pleading guilty to disorderly conduct, that he had the opportunity to discuss the plea with his attorney, and that he understood he was giving up various rights, including his right to a trial, to remain silent and to call witnesses (see People v Conceicao, 26 NY3d 375, 383 [2015]). Furthermore, as defendant pleaded guilty to the uncharged lesser offense of disorderly conduct, no factual basis for the plea was necessary (see People v Johnson, 23 NY3d 973, 975 [2014]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur I concur Decision Date: September 28, 2021