From Casetext: Smarter Legal Research

People v. Nguyen

Supreme Court, Appellate Term, First Department, New York.
Sep 22, 2017
66 N.Y.S.3d 654 (N.Y. App. Term 2017)

Opinion

No. 570246/16.

09-22-2017

The PEOPLE of the State of New York, Respondent, v. Johnny Q. NGUYEN, Defendant–Appellant.


Judgment of conviction (Richard Ross, J.H.O.), rendered April 12, 2016, reversed, on the law, accusatory instrument dismissed, and fine, 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 ( Boykin v. Alabama, 395 U.S. 238, 242 [1969] ; People v. Tyrell, 22 NY3d 359, 365 [2013] ). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in this particular case (cf. People v. Conceicao, 26 NY3d 375, n 1 [2015] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

People v. Nguyen

Supreme Court, Appellate Term, First Department, New York.
Sep 22, 2017
66 N.Y.S.3d 654 (N.Y. App. Term 2017)
Case details for

People v. Nguyen

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Johnny Q. NGUYEN…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: Sep 22, 2017

Citations

66 N.Y.S.3d 654 (N.Y. App. Term 2017)