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People v. Potts

Supreme Court, Appellate Term, First Department, New York.
May 30, 2014
993 N.Y.S.2d 645 (N.Y. App. Term 2014)

Opinion

No. 570295/12.

05-30-2014

The PEOPLE of the State of New York, Respondent, v. Christopher POTTS, Defendant–Appellant.


Opinion

Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered February 22, 2012, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

As the People now concede, defendant's conviction for trespass must be vacated since the plea record—which shows that the court did not directly address defendant and that defendant stood silent throughout-lacks the requisite “affirming showing” that defendant understood and waived his Boykin rights (see Boykin v. Alabama, 395 U.S. 238 [1969];People v. Tyrell, 22 NY3d 359 [2013] ). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial, a disposition not opposed by the People.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

People v. Potts

Supreme Court, Appellate Term, First Department, New York.
May 30, 2014
993 N.Y.S.2d 645 (N.Y. App. Term 2014)
Case details for

People v. Potts

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Christopher POTTS…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: May 30, 2014

Citations

993 N.Y.S.2d 645 (N.Y. App. Term 2014)