Opinion
No. 571003/15
09-30-2022
The People of the State of New York, Respondent, v. Jimmie Jeffries, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Michael D. Stallman, J.), rendered September 13, 2015, convicting him, upon his plea of guilty, of petit larceny, and imposing sentence.
Judgment of conviction (Michael D. Stallman, J.), rendered September 13, 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 U.S. 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 N.Y.3d 375, 385 n [2015]).
All concur.