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PEOPLE v. PELLEGRINO

No. 209 SSM 26

26 N.Y.3d 1063 (2015)

44 N.E.3d 220

2015 NY Slip Op 08618

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN PELLEGRINO, Appellant.

Court of Appeals of New York.

Decided November 24, 2015.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City ( Joanne Legano Ross of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Yuval Simchi-Levi and Alan Gadlin of counsel), for respondent.

Judges PIGOTT, ABDUS-SALAAM, STEIN and FAHEY concur; Chief Judge LIPPMAN dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

A guilty plea is not invalid solely because the trial court failed to recite a defendant's constitutional rights under Boykin v Alabama (395 U.S. 238 [1969]; see People v Conceicao, 26 N.Y.3d 375 [2015] [decided herewith]). The record as a whole, however, must affirmatively demonstrate...

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