People v Hartman (Joshua)

[*1] People v Hartman (Joshua) 2020 NY Slip Op 51392(U) Decided on November 20, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 20, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Cooper, J.P., Higgitt, McShan, JJ.
570804/16

The People of the State of New York, Respondent,

against

Joshua Hartman, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Stolz, J.), rendered October 30, 2016, upon a plea of guilty, convicting him of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Stolz, J.), rendered October 30, 2016, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.

As the People concede, defendant's conviction must be vacated since the plea record lacks the requisite "affirmative showing" that defendant understood and waived his Boykin rights (see Boykin v Alabama, 395 US 238 [1969]). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in the particular case (cf. People v Conceicao, 26 NY3d 375, 385 n [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 20, 2020