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People v. Giron

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 9, 2019
65 Misc. 3d 155 (N.Y. App. Term 2019)

Opinion

570233/18

12-09-2019

The PEOPLE of the State of New York, Respondent, v. Dennis GIRON, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Eugene Schwartzwald, J.H.O.), rendered March 12, 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 not knowing, intelligent and voluntary (see People v Conceicao , 26 NY3d 375, 382-383 [2015] ). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial. We note the absence of a respondent's brief.


Summaries of

People v. Giron

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 9, 2019
65 Misc. 3d 155 (N.Y. App. Term 2019)
Case details for

People v. Giron

Case Details

Full title:The People of the State of New York, Respondent, v. Dennis Giron…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Dec 9, 2019

Citations

65 Misc. 3d 155 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51940
119 N.Y.S.3d 802