Opinion
17190 SCI No. 234/14 Case No. 2014-2965
01-26-2023
The PEOPLE of the State of New York, Respondent, v. Margarita SOSTRE, Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Friedman, J.P., Moulton, Kennedy, Pitt–Burke, JJ.
Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J.), rendered March 3, 2014, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her to a term of one year, unanimously affirmed.
The record as a whole establishes the voluntariness of the plea (see People v. Conceicao, 26 N.Y.3d 375, 379, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ). A court's omission of the word "jury" in discussing a defendant's right to a trial does not, by itself, vitiate the validity of a guilty plea (see e.g. People v. Ayala, 156 A.D.3d 547, 65 N.Y.S.3d 693 [2017] ).