Opinion
570457/13
12-31-2014
The People of the State of New York, Respondent, v. Alvin Murray, Defendant-Appellant.
PRESENT: , Schoenfeld, Hunter, Jr., JJ.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Herbert J. Adlerberg, J.H.O.), rendered April 18, 2013, convicting him, upon a plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree, and imposing sentence. Per Curiam.
Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered April 18, 2013, reversed, on the law, and matter remanded for further proceedings on the accusatory instrument.
As the People now concede, defendant's conviction of third-degree aggravated unlicensed operation of a motor vehicle must be vacated since the plea record lacks the requisite "affirming showing" that defendant understood and waived his Boykin rights (see Boykin v Alabama, 395 US 238 [1969]; People v Tyrell, 22 NY3d 359 [2013]). Even though defendant has served his sentence, we find the dismissal remedy that he now seeks to be unwarranted in the circumstances of this case, since "for penological purposes it is relevant whether defendant committed the crime" (People v Allen, 39 NY2d 916, 918 [1976]). Should defendant commit another similar traffic misdemeanor, "it is important that the court be able to impose an enhanced sentence" (People v Roopchand, 107 AD2d 35, 38 [1985], affd 65 NY2d 837 [1985]; see Vehicle and Traffic Law § 511[2][a][1]; People v Scott, 45 Misc 3d 128[A], 2014 NY Slip Op 51519[U] [App Term, 1st Dept 2014]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: December 31, 2014