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People v. Duran

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Sep 14, 2018
60 Misc. 3d 141 (N.Y. App. Term 2018)

Opinion

570182/17

09-14-2018

The PEOPLE of the State of New York, v. Hugo DURAN, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Abena Darkeh, J.), rendered March 8, 2017, affirmed.

Our review of the record indicates that defendant's guilty plea was entered knowingly, voluntarily, and intelligently with the aid of counsel, and after the court sufficiently advised defendant of the constitutional rights he would be giving up by pleading guilty (see People v. Conceicao , 26 NY3d 375 [2015] ; People v. Sougou , 26 NY3d 1052 [2015] ). No factual basis for the plea was required, since defendant entered into a negotiated plea to a lesser offense than the one charged in the accusatory instrument (see People v. Johnson , 23 NY3d 973, 975 [2014). Nor did defendant's waiver of eligibility for sealing, a collateral aspect of the plea (see Matter of Hynes v. Karassik, 47 NY2d 659, 661 n 1 [1979] ; People v. Anonymous , 7 AD3d 309, 310 [2004] ), affect the validity of the plea (see generally People v. Gravino , 14 NY3d 546, 553—555 [2010] ).

In any event, the only relief that defendant requests is dismissal of the accusatory instrument, and he expressly requests that this Court affirm his conviction if it does not grant a dismissal. Since we do not find that dismissal would be appropriate, we affirm on this basis as well (see People v. Conceicao , 26 NY3d at 385 n 1 ; People v. Teron , 139 AD3d 450 [2016] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

People v. Duran

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Sep 14, 2018
60 Misc. 3d 141 (N.Y. App. Term 2018)
Case details for

People v. Duran

Case Details

Full title:The People of the State of New York, v. Hugo Duran, Defendant-Appellant.

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Sep 14, 2018

Citations

60 Misc. 3d 141 (N.Y. App. Term 2018)
2018 N.Y. Slip Op. 51302
110 N.Y.S.3d 772

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