Opinion
No. 570353/13.
2014-11-3
The PEOPLE of the State of New York, Respondent, v. Benjamin GARCIA, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Erika M. Edwards, J.), rendered March 19, 2013, convicting him, upon a plea of guilty, of disorderly conduct, and imposing sentence.
Present SCHOENFELD, J.P., SHULMAN, LING–COHAN, JJ. PER CURIAM.
Judgment of conviction (Erika M. Edwards, J.), rendered March 19, 2013, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.
Based on the People's concession that defendant's guilty plea was not shown to be knowing and voluntary, we reverse the conviction without addressing the merits of the issue ( see generally People v.. Whitelow, 2 AD3d 1393 [2003], lv denied 2 N.Y.2d 748 [2004] ). Moreover, the People do not dispute that the accusatory instrument should be dismissed because defendant has already served his sentence ( see People v. Tyrell, 22 NY3d 359, 366 [2013] ).