| People v Diaz (Theodore) |
| 2016 NY Slip Op 50052(U) [50 Misc 3d 135(A)] |
| Decided on January 19, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (John Cataldo, J.H.O.), rendered April 4, 2012, after a nonjury trial, convicting him of violating New York City Parks and Recreation Department Rules (56 RCNY) § 1-05(s)(1), and imposing sentence.
Per Curiam.
Judgment of conviction (John Cataldo, J.H.O.), rendered April 4, 2012, reversed, on the law and the facts, accusatory instrument dismissed, and fine, if paid, remitted.
As the People now concede, defendant's conviction must be vacated since the trial court failed to make any inquiry whatsoever to determine whether defendant's absence from the trial proceedings was deliberate (see People v Brooks, 75 NY2d 898, 899 [1990]). Since it does not appear that further proceedings on the 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.