Opinion
No. 570809/16
12-13-2023
The People of the State of New York, Respondent, v. Souleymane Ndieng, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kevin McGrath, J.), rendered October 25, 2016, convicting him, upon his plea of guilty, of disorderly conduct, and imposing sentence.
Judgment of conviction (Kevin McGrath, J.), rendered October 25, 2016, reversed, as a matter of discretion in the interest of justice, accusatory instrument dismissed, and surcharge, if paid, remitted.
Based upon the People's concession, we vacate defendant's disorderly conduct conviction and dismiss the accusatory instrument without addressing the merit of defendant's contentions (see generally People v Whitelow, 2 A.D.3d 1393 [2003], lv denied 2 N.Y.3d 748 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.