| People v Rodriguez (Jason) |
| 2014 NY Slip Op 50262(U) [42 Misc 3d 143(A)] |
| Decided on February 27, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Jennifer G. Schecter, J.), rendered March 9, 2011, convicting him,
upon a plea of guilty, of disorderly conduct, and imposing sentence.
Per Curiam.
Judgment of conviction (Jennifer G. Schecter, J.), rendered March 9, 2011, reversed, on the law, and the accusatory instrument dismissed.
As the People now concede, defendant's conviction for disorderly conduct must be vacated since the plea record lacks the requisite "affirming showing" that defendant understood and waived his Boykin rights (see Boykin v Alabama, 395 US 238 [1969] People v Tyrell, ___ NY3d ___, 2013 NY Slip Op 08288 [2013]). Since it does not appear that further proceedings on the disorderly conduct charge here involved would serve any useful penological purpose (see People v Burwell, 53 NY2d 849, 851 [1981]), we dismiss the accusatory instrument, a disposition unopposed by the People.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 27, 2014