Defendant appeals from a judgment of the Criminal Court, Bronx County (Harold Enten, J.H.O.), rendered February 24, 2005, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.

PER CURIAM:

Judgment of conviction (Harold Enten, J.H.O.), rendered February 24, 2005, reversed, on the law, summons dismissed, and fine and surcharge remitted.
In the absence of any indication in the record that defendant consented to a trial before a Judicial Hearing Officer (J.H.O.), the conviction obtained below lacked an " essential jurisdictional predicate'" (People v Holt, 182 Misc 2d 919, 920 [1999]) quoting Batista v Delbaum, Inc., 234 AD2d 45, 46 [1996]) and must be vacated (see CPL 350.20). Nor, on this record, can defendant's mere participation in the trial proceedings without formal objection be equated with the requisite "agreement" to a J.H.O. trial specified by CPL 350.20.

Since it does not appear that further proceedings on the single disorderly conduct charge now remaining would serve any useful penological purpose (see People v Burwell, 53 NY2d 849 [1981]), we dismiss the accusatory instrument. In view of this disposition, we need not consider whether to exercise our interest of justice review power to pass on defendant's unpreserved alternative argument directed to the disorderly conduct conviction.
This constitutes the decision and order of the
court.
Decision Date: September 20, 2006