Defendant appeals from a judgment of the Criminal Court, Bronx County (Harold Enten, J.H.O.), rendered September 9, 2004, after a nonjury trial, convicting her of disorderly conduct, and imposing sentence.

PER CURIAM:

Judgment of conviction (Harold Enten, J.H.O.), rendered September 9, 2004, reversed, on the law, the accusatory instrument dismissed, and fine and surcharge remitted.

Absent any indication that defendant consented to a trial before a Judicial Hearing Officer (J.H.O.), the conviction obtained below lacked an "essential jurisdictional predicate" (Batista v Delbaum, Inc., 234 AD2d 45, 46 [1996]) and must be vacated pursuant to CPL 350.20 (People v Holt, 182 Misc 2d 919 [1999]). 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.

Inasmuch as it does not appear that further proceedings on the single disorderly conduct charge now remaining would serve any useful penological purposes (People v Burwell, 53 NY2d 849 [1981]), we dismiss the accusatory instrument. In view of this disposition, we need not consider defendant's alternative arguments directed to the disorderly conduct conviction.
This constitutes the decision and order of the court.
Decision Date: September 22, 2006