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The PEOPLE of the State of New York, Respondent, v. Jose MENDEZ, Defendant–Appellant.

PER CURIAM.

Opinion

PER CURIAM.

Judgment of conviction (Diana M. Boyar, J.), rendered August 31, 2012, affirmed.

Under the particular circumstances of this case, we find the record sufficient to establish defendant's understanding and waiver of his Boykin rights (see Boykin v. Alabama, 395 U.S. 238 [1969] ; People v. Tyrell, 22 N.Y.3d 359, 366 [2013] ), and of his entry of an otherwise knowing and voluntary guilty plea. During plea proceedings held a full three weeks after his arrest, defense counsel acknowledged that defendant agreed to waive “formal allocution,” and defendant personally confirmed, in response to the court's questioning, that he was pleading guilty voluntarily, that he committed the underlying offense, and that he understood that he was giving up his right to trial. Manifestly, this case does not involve the type of “silent record” which, as Tyrell cautions, is insufficient to “overcome the presumption against waiver by a defendant of constitutionally guaranteed protections” (People v. Tyrell, 22 N.Y.3d at 365, 981 N.Y.S.2d 336, quoting People v. Harris, 61 N.Y.2d 9, 17 [1983] ). To the contrary, the plea record, taken as a whole and read in context, amply shows that defendant “intelligently and understandingly rejected his [Boykin ] rights” (id. ).

I concur.

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People v. Mendez
(Dec 31, 2014)