Opinion
04-06-2016
The PEOPLE, etc., respondent, v. Frank HARRISON, appellant.
Seymour W. James, Jr., New York, N.Y. (Laura Boyd of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Danielle O'Boyle on the brief), for respondent.
Seymour W. James, Jr., New York, N.Y. (Laura Boyd of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Danielle O'Boyle on the brief), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered November 21, 2013, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his guilty plea was valid. Guilty pleas are valid only if they are “knowing, voluntary, and intelligent” (People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199; see People v. Harris, 61 N.Y.2d 9, 16–17, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Murrell, 135 A.D.3d 882, 22 N.Y.S.3d 600). Here, the record, examined as a whole, establishes that the defendant was aware of his constitutional rights and that he voluntarily relinquished them (see People v. Harris, 61 N.Y.2d at 17, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Sirico, 135 A.D.3d 19, 22, 18 N.Y.S.3d 430).
RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.