Opinion
570920/18
03-10-2020
The PEOPLE of the State of New York, Respondent, v. Anthony BROWN, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Eugene Schwartzwald, J.H.O.), rendered October 1, 2018, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.
We agree with defendant that the record fails to establish that he understood the nature of the offense to which he was pleading, and that his plea was knowing, intelligent and voluntary (see People v. Conceicao , 26 NY3d 375, 383-85 [2015] ). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial. We note that the People have declined to submit a respondent's brief on this appeal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.