Opinion
No. 571149/15.
10-21-2016
The PEOPLE of the State of New York, Respondent, v. Sheila LANDESTOY, Defendant–Appellant.
Judgment of conviction (Richard Ross, J.H.O.), rendered November 20, 2015, affirmed.
As the People now concede, the plea record lacks the requisite "affirming showing" that defendant understood and waived her Boykin rights (see Boykin v. Alabama, 395 U.S. 238 [1969] ; People v. Tyrell, 22 N.Y.3d 359 [2013] ). Nevertheless, the only relief that defendant requests is dismissal of the information, and she expressly requests this Court to affirm her conviction if it does not grant a dismissal. Since it cannot be said that no penological purpose would be served by reinstating the third degree aggravated unlicensed operation of a motor vehicle charge (see People v. Murray, 46 Misc.3d 136 [A], 2014 N.Y. Slip Op 51891[U] [App Term, 1st Dept 2014] ; see also People v. Conceicao 26 N.Y.3d 375, 385 n. 1 [2015] ; People v. Teron, 139 AD3d 450 [2016] ), dismissal is not warranted and therefore we affirm.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.