| People v Mollenedo (Soledad) |
| 2007 NY Slip Op 51483(U) [16 Misc 3d 132(A)] |
| Decided on July 12, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the District Court of Nassau County, Second District (Valerie Bullard, J.), entered February 1, 2006. The judgment convicted defendant, upon her plea of guilty, of permitting the outside storage of an unregistered vehicle on residentially zoned premises (Code of the Town of Hempstead § 173-11 [A]).
Judgment of conviction reversed upon the law, guilty plea vacated, fine, if paid, remitted, accusatory instruments which were dismissed in satisfaction of the guilty plea reinstated, and matters remanded to the court below for all further proceedings.
Defendant contends herein, inter alia, that she did not fully understand the proceedings resulting in her plea of guilty to having violated the Code of the Town of Hempstead. It does not affirmatively appear from the record that defendant's guilty plea was voluntarily and understandingly entered (see Boykin v Alabama, 395 US 238 [1969]; cf. People v Green, 242 AD2d 541 [1997]). Defendant was not advised by the court of any of the rights she would be waiving by changing her plea to guilty (see Boykin v Alabama, 395 US 238, supra). Furthermore, while two other accusatory instruments apparently were dismissed in satisfaction of defendant's guilty plea to the instant offense, the record does not reveal either the nature of these charges or knowledge on the part of defendant thereof. Since a court considering whether to accept a guilty plea has "a vital responsibility to make sure [that the accused] has full understanding of what the plea connotes and of its consequence'" (Boykin v Alabama, 395 US at 244; People v Harris, 61 NY2d 9, 19 [1983]), we are of the view that the instant guilty plea should be vacated.
Accordingly, defendant's conviction is reversed, her guilty plea vacated and the matter remanded for further proceedings (see CPL 470.55 [2]).
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
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Decision Date: July 12, 2007