PEOPLE v. CONCEICAO

Nos. 167, 168, 169

26 N.Y.3d 375 (2015)

44 N.E.3d 199

2015 NY Slip Op 08615

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CONCEICAO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FEDERICO PEREZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAVIER SANCHEZ, Respondent.

Court of Appeals of New York.

Decided November 24, 2015.


Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Paul Wiener of counsel), for appellant in the first above-entitled action.

Robert T. Johnson , District Attorney, Bronx ( Eric C. Washer , Orrie A. Levy and Joseph N. Ferdenzi of counsel), for respondent in the first above-entitled action.

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Harold V. Ferguson, Jr. , of counsel), for appellant in the second above-entitled action.

Robert T. Johnson , District Attorney, Bronx ( Eric C. Washer and Joseph N. Ferdenzi of counsel), for respondent in the second above-entitled action.

Robert T. Johnson , District Attorney, Bronx ( Jordan K. Hummel and Joseph N. Ferdenzi of counsel), for appellant in the third above-entitled action.

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Kristina Schwarz of counsel), for respondent in the third above-entitled action.

Opinion by Judge PIGOTT. Judges ABDUS-SALAAM, STEIN and FAHEY concur, Chief Judge LIPPMAN dissents in an opinion in which Judge RIVERA concurs, Judge RIVERA in a separate dissenting opinion.


OPINION OF THE COURT

The primary issue in these appeals is whether defendants entered knowing, intelligent and voluntary guilty pleas when the trial courts failed to mention the constitutional rights defendants were waiving — the right to a trial by jury, the right to...

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