Opinion
570369/15
03-12-2021
The PEOPLE of the State of New York, Respondent, v. Romany HENEEN, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Laura E. Drager, J.), rendered March 1, 2015, reversed on the law, the 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 ( Boykin v Alabama , 395 US 238 [1969] ). 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, 385 n [2015] ).
All concur.