The People v. Stephen Pellegrino

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 US 238 [1969]; see People v Conceicao, 26 NY3d 375 [2015] [decided herewith]). The record as a whole, however, must affirmatively demonstrate that defendant knowingly, intelligently and voluntarily waived those rights (see People v Harris, 61 NY2d 9, 17 [1983]).

*1064The Appellate Term correctly concluded that the record in this case affirmatively shows a knowing, intelligent and…