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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT L. PARISH, Appellant.

Judgment unanimously affirmed. Memorandum: The record establishes that defendant was advised of his rights and that his Alford plea (see, North Carolina v Alford, 400 U.S. 25) was entered knowingly, voluntarily and with an understanding of its consequences (see, People v Lopez, 71 N.Y.2d 662; People v Nixon, 21 N.Y.2d 338, 353, cert denied sub nom. Robinson v New York, 393 U.S. 1067; People v Serrano, 15 N.Y.2d 304, 310; People v Myers, 151 A.D.2d 1002, lv denied 74 N.Y.2d 815). Although the prosecutor did not set forth on the record the proof that the People would present at trial, defendant's counsel acknowledged that he had reviewed the evidence with defendant and that it was his opinion, and that of defendant, that there was a "substantial likelihood" that the evidence might result in a conviction of the more serious charge of sodomy in the first degree.

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PEOPLE v. PARISH
(Apr 24, 1992)