People v Lin Chen

[*1] People v Lin Chen 2015 NY Slip Op 50644(U) Decided on April 29, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 29, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.
570113/2011

The People of the State of New York, Respondent, -

against

Lin Chen, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Felicia A. Mennin, J.), rendered January 18, 2011, convicting her, upon a plea of guilty, of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Felicia A. Mennin, J.), rendered January 18, 2011, reversed, on the law, accusatory instrument dismissed, and fine and surcharge, if paid, remitted.

As the People now concede, defendant's conviction must be vacated since the plea record lacks the requisite "affirming showing" that defendant understood and waived her Boykin rights (see Boykin v Alabama, 395 US 238 [1969]; People v Tyrell, 22 NY3d 359 [2013]). Since it does not appear that further proceedings would serve any useful penological purposes, we dismiss the accusatory instrument, a disposition unopposed by the People. In light of this disposition, we need not and do not address defendant's remaining points.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: April 29, 2015