Opinion
No. 570295/12.
05-30-2014
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.