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People v. Prandy

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
May 14, 2019
63 Misc. 3d 148 (N.Y. App. Term 2019)

Opinion

570815/17

05-14-2019

The PEOPLE of the State of New York, Respondent, v. Carlos M. Binett PRANDY, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Barbara F. Newman, J.H.O.), dated December 13, 2017, reversed, on the law, accusatory instrument dismissed and fine, if paid, remitted.

The terse plea colloquy fails to establish that defendant understood the nature of the offense to which he was pleading, and that his plea was knowing, intelligent and voluntary. Given the relatively minor nature of the infraction here charged, we dismiss the accusatory instrument in lieu of remanding the matter (see People v. Burwell , 53 NY2d 849, 851 [1981] ).

We note the absence of a respondent's brief.


Summaries of

People v. Prandy

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
May 14, 2019
63 Misc. 3d 148 (N.Y. App. Term 2019)
Case details for

People v. Prandy

Case Details

Full title:The People of the State of New York, Respondent, v. Carlos M. Binett…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: May 14, 2019

Citations

63 Misc. 3d 148 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 50717
115 N.Y.S.3d 604