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People v Sostre, 2023 NY Slip Op 00380 [212 AD3d 563]

January 26, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Margarita Sostre, 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.

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 NY3d 375 , 379 [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 AD3d 547 [1st Dept 2017]). Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ..