People v Richardson (Thomas)

[*1] People v Richardson (Thomas) 2014 NY Slip Op 51439(U) Decided on October 1, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 1, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570944/12

The People of the State of New York, Respondent,

against

Thomas Richardson, 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 September 5, 2012, convicting him, upon a plea of guilty, of violating New York City Administrative Code § 20-465, and imposing sentence.

Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.), rendered September 5, 2012, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

As the People now concede, defendant's conviction must be reversed because the missing stenographic record of the underlying plea colloquy cannot be reconstructed (see People v Harrison, 85 NY2d 794, 798 [1995]; People v Fleming, 221 AD2d 287, 287-288 [1995]). Given the minor nature of the Administrative Code violation here involved, we dismiss the accusatory instrument 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: October 01, 2014