People v Gomes (Scott)

[*1] People v Gomes (Scott) 2019 NY Slip Op 50162(U) Decided on February 13, 2019 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 13, 2019
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Ling-Cohan, J.P., Gonzalez, Cooper, JJ.
570420/17

The People of the State of New York, Respondent,

against

Scott Gomes, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John J. DeLury, J.H.O.), rendered April 25, 2017, convicting him, upon a plea of guilty, of violating Public Health Law § 229, and imposing sentence.

Per Curiam.

Judgment of conviction (John J. DeLury, J.H.O.), rendered April 25, 2017, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.

The record fails to support the conclusion that defendant's guilty plea was knowing, intelligent and voluntary, because the court accepted the plea without addressing any of the constitutional rights defendant was waiving, and there are not sufficient circumstances reflecting his consultation with counsel (see People v Conceicao, 26 NY3d 375, 383-85 [2015]; People v Tyrell, 22 NY3d 359, 365-366 [2013]). Given the relatively minor nature of the offense here charged, we dismiss the accusatory instrument in lieu of remanding the matter (see People v Burwell, 53 NY2d 849, 851 [1981]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: February 13, 2019