People v Figueroa
2016 NY Slip Op 00291 [135 AD3d 566]
January 19, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 2, 2016


[*1]
 The People of the State of New York, Respondent,
v
Crystal Figueroa, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson Jr. of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (James Wen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Carol Feinman, J.), rendered February 17, 2011, convicting defendant, upon her plea of guilty, of loitering for the purpose of engaging in a prostitution offense, and sentencing her to a conditional discharge, and judgment of resentence, same court (George R. Villegas, J.), rendered February 1, 2012, resentencing defendant to time served, unanimously reversed, on the law, and the accusatory instrument dismissed in the interest of justice.

The record fails to support the conclusion that defendant's guilty plea was knowing, intelligent and voluntary, because the court accepted the plea at arraignment without addressing any of the rights defendant was waiving, and there are no circumstances reflecting her consultation with counsel (see People v Conceicao, 26 NY3d 375, 384 [2015]). Further, we dismiss the accusatory instrument in the interest of justice. Concur—Mazzarelli, J.P., Acosta, Andrias and Moskowitz, JJ.