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People v. Rodriguez

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jun 13, 2017
2017 N.Y. Slip Op. 50787 (N.Y. App. Term 2017)

Opinion

571115/15

06-13-2017

The People of the State of New York, v. Carlos Rodriguez, Defendant-Appellant.


PRESENT: Lowe, III, P.J., Shulman, Ling-Cohan, JJ.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Michael D. Stallman, J.), rendered October 25, 2015, upon a plea of guilty, convicting him of theft of services, and imposing sentence.

Per Curiam.

Judgment of conviction (Michael D. Stallman, J.), rendered October 25, 2015, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

The record fails to support the conclusion that defendant's guilty plea was knowing, intelligent and voluntary, where the plea was entered at arraignment, the record, including the terse plea colloquy, is unclear as to whether defendant understood the nature of the charge to which he was pleading guilty, and there are no circumstances reflecting defendant's consultation with counsel. 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: June 13, 2017


Summaries of

People v. Rodriguez

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jun 13, 2017
2017 N.Y. Slip Op. 50787 (N.Y. App. Term 2017)
Case details for

People v. Rodriguez

Case Details

Full title:The People of the State of New York, v. Carlos Rodriguez…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Jun 13, 2017

Citations

2017 N.Y. Slip Op. 50787 (N.Y. App. Term 2017)