People v. Federico Perez


AD1 order dated April 10, 2014, affirming judgement of conviction. Decision below: 116 AD3d 511, 983 NYS2d 269. Smith, J., granted leave October 10, 2014. Argued October 20, 2015.

ISSUES PRESENTED: Whether the guilty plea allocution was sufficient under People v Tyrell (22 NY3d 359), even though no Boykin rights were discussed, since the plea was only to a violation and a $100 fine. (Assigned counsel: Seymour James, Legal Aid Society, Criminal Appeals Bureau, 199 Water Street, NYC 10038.) (See also People v. Joseph Conceicao, to be argued the same day.)

Applicability of Tyrell to violations