People v Diallo (Cheikh)

[*1] People v Diallo (Cheikh) 2015 NY Slip Op 51330(U) Decided on September 17, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 17, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570358/12

The People of the State of New York, Respondent,

against

Cheikh Diallo, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O.), rendered March 26, 2012, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence. Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.), rendered March 26, 2012, reversed, on the law and the facts, accusatory instrument dismissed, fine and surcharges, 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 disorderly conduct 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.

I concur I concur I concur
Decision Date: September 17, 2015