People v Taylor (Rondell)

[*1] People v Taylor (Rondell) 2015 NY Slip Op 50646(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 This opinion is uncorrected and will not be published in the printed Official Reports.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., Schoenfeld, Hunter, Jr., JJ.
571030/12

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

against

Rondell Taylor a/k/a Rondell Mitchell, Defendant-Appellant.

In consolidated criminal actions, defendant appeals from two judgments of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), each rendered September 20, 2012, convicting him, upon his pleas of guilty, of disorderly conduct and harassment in the second degree, and imposing sentence.

Per Curiam.

Judgments of conviction (Anthony J. Ferrara, J.), rendered September 20, 2012, reversed, on the law, accusatory instruments dismissed, and surcharges, if paid, remitted.

As the People now concede, defendant's convictions 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, 22 NY3d 359 [2013]). Inasmuch as defendant has served his sentences, we dismiss the accusatory instruments in lieu of ordering a new trial, a disposition unopposed by the People.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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