Opinion
2022-50111
02-22-2022
The People of the State of New York, Respondent, v. Jose Lorenzo, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Jay L. Weiner, J.), rendered October 29, 2019, convicting him, upon his plea of guilty, of criminal contempt in the second degree, and imposing sentence.
PRESENT: Edmead, P.J., Brigantti, Silvera, JJ.
PER CURIAM.
Judgment of conviction (Jay L. Weiner, J.), rendered October 29, 2019, affirmed.
The record establishes that defendant's plea was knowing, intelligent and voluntary (see People v Conceicao, 26 N.Y.3d 375 [2015]). Defendant pled guilty to one misdemeanor count of criminal contempt in the second degree (see Penal Law § 215.50[3]) in full satisfaction of an accusatory instrument charging, inter alia, two class E felonies; defendant personally confirmed that no one was forcing him to plead guilty and that he had enough time to speak to his attorney; and that he understood that he was giving up his rights to a jury trial, to confront the People's witnesses and to either testify or to remain silent. The court was not required to conduct a sua sponte inquiry into whether defendant's ability to enter the plea was impaired by drugs or alcohol. There was nothing in the record to suggest that defendant's ability to make a decision to enter a valid plea was impaired in any way, regardless of what was said on other occasions (see People v Praileau, 110 A.D.3d 415 [2013], lv denied 22 N.Y.3d 1202 [2014]; People v Rodriguez, 83 A.D.3d 449 [2011], lv denied 17 N.Y.3d 800 [2011]; People v Royster, 40 A.D.3d 885 [2007], lv denied 9 N.Y.3d 881 [2007]).
In any event, the only relief defendant requests is a dismissal of the accusatory instrument, rather than vacatur of the plea, and he expressly requests that this Court affirm his conviction if it does not grant a dismissal. Since it cannot be said that no penologicial purpose would be served by reinstating the charges (see People v Conceicao, 26 N.Y.3d at 385 n; People v Teron, 139 A.D.3d 450 [2016]), dismissal is not warranted and we therefore affirm.
All concur.