Opinion
No. 570762/11.
09-22-2014
The PEOPLE of the State of New York, Respondent, v. Juan BANNISTER, Defendant–Appellant.
Opinion
Judgment of conviction (Gerald Lebovits, J.), rendered September 21, 2011, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.
As the People now concede, defendant's conviction must be vacated since the plea record lacks the requisite “affirming showing” that defendant understood and waived his Boykin rights (see Boykin v. Alabama, 395 U.S. 238 [1969] ; People v. Tyrell, 22 NY3d 359 [2013] ). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial, a disposition unopposed by the People.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.