| People v Wan Yu Li |
| 2009 NY Slip Op 50266(U) [22 Misc 3d 135(A)] |
| Decided on February 18, 2009 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (Alfred Kleinman, J.H.O.), rendered July 16, 2007, after a nonjury trial, convicting
him of violating Vehicle and Traffic Law
§ 401(7)(F)(b), and imposing sentence.
Per Curiam.
Judgment of conviction (Alfred Kleinman, J.H.O.), rendered July 16, 2007, reversed, on the law, and accusatory instrument dismissed.
As the People concede, defendant's conviction must be vacated in view of the absence of any
record indication that defendant consented to a trial before a Judicial Hearing Officer (see
CPL 350.20[1]; People v Holt, 182 Misc 2d 919, 920 [1999]). Inasmuch as
defendant has already served his sentence, we dismiss the accusatory instrument, a
disposition consented to by the People.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 18, 2009