| People v Taylor |
| 2014 NY Slip Op 50856(U) [43 Misc 3d 142(A)] |
| Decided on June 4, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Robert M. Mandelbaum, J.), rendered February 23, 2011, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.
Per Curiam.
Judgment of conviction (Robert M. Mandelbaum, J.), rendered February 23, 2011, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.
Based on the People's concession that defendant's guilty plea was not shown to be knowing and voluntary, we reverse the conviction without addressing the merits of the issue (see generally People v Whitelow, 2 AD3d 1393 [2003], lv denied 2 NY2d 748 [2004]). Moreover, the People do not dispute that the accusatory instrument should be dismissed because defendant has already served his sentence (see People v Tyrell, 22 NY3d 359, 366 [2013]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.