Opinion
No. 570532/12.
12-30-2016
The PEOPLE of the State of New York, Respondent, v. Edward GUZMAN, Defendant–Appellant.
Judgment of conviction (Carol Berkman, J.), rendered February 20, 2012, reversed, on the law, accusatory instrument dismissed and surcharge, 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 (see 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.