PEOPLE v. GUTIERREZ

2478/12, 1350, 2303/13.

140 A.D.3d 407 (2016)

30 N.Y.S.3d 869

2016 NY Slip Op 04304

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WANEL GUTIERREZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2016.


The court sufficiently advised defendant of the rights he was giving up by pleading guilty, "notwithstanding that it omitted the word `jury' from its reference[s] to giving up the right to a trial" (People v Williams, 137 A.D.3d 706, 706 [1st Dept 2016]).

Defendant was ineligible to be considered for youthful offender (YO) treatment in connection with his burglary conviction because he was 19 years old when the offense was...

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