Majority
p. 537The People of the State of New York, Respondent, v Aaron Espinoza, Appellant. [998 NYS2d 629]—
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered November 28, 2012, convicting defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the first degree, and sentencing him to a term of 45 days and a $500 fine, unanimously affirmed.
The record establishes that defendant’s plea was entered knowingly, intelligently and voluntarily (see People v Harris, 61 NY2d 9 , 16-19 [1983]; compare People v Tyrell, 22 NY3d 359 [2013]). The alleged deficiency in the plea allocution did .not constitute a mode of proceedings error or call into question the voluntariness of the plea.
Concur — Mazzarelli, J.E, Renwick, DeGrasse, Richter and Clark, JJ.
Cases cited
- People v. Harris 61 NY2d 9 at 16-19 p. 537
- People v. Tyrell 22 NY3d 359 p. 537