Opinion
No. 570314/16.
09-22-2017
The PEOPLE of the State of New York, Respondent, v. Kevin BLYTHER, Defendant–Appellant.
Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered April 19, 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.