From Casetext: Smarter Legal Research

People v. Boynton

Supreme Court of New York, First Department
Jun 22, 2023
2023 N.Y. Slip Op. 3415 (N.Y. App. Div. 2023)

Opinion

No. 527 Ind No. 109/18 No. 2018-4738

06-22-2023

The People of the State of New York, Respondent, v. Jermaine Boynton, Defendant-Appellant.

Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.


Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.

Before: Kern, J.P., Friedman, Mendez, Rodriguez, JJ.

Judgment, Supreme Court, New York County (Mark Dwyer, J.), rendered June 29, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to three years' probation, unanimously affirmed.

Given the absence of warnings under Boykin v Alabama (395 U.S. 238 [1969]) or any other basis for finding voluntariness, defendant would be entitled to have his plea vacated. However, he does not request that relief, but instead seeks dismissal of the indictment or reduction of the conviction to a misdemeanor, and he expressly asks this Court to affirm the judgment if it does not grant one of those remedies. Because, under all the circumstances, we do not find either remedy to be appropriate, we affirm (see e.g. People v Teron, 139 A.D.3d 450 [1st Dept 2016]).


Summaries of

People v. Boynton

Supreme Court of New York, First Department
Jun 22, 2023
2023 N.Y. Slip Op. 3415 (N.Y. App. Div. 2023)
Case details for

People v. Boynton

Case Details

Full title:The People of the State of New York, Respondent, v. Jermaine Boynton…

Court:Supreme Court of New York, First Department

Date published: Jun 22, 2023

Citations

2023 N.Y. Slip Op. 3415 (N.Y. App. Div. 2023)