Opinion
No. 571062/15.
11-18-2016
The PEOPLE of the State of New York, Respondent, v. Sharonda SMITH, Defendant–Appellant.
Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered October 16, 2015, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.
As the People concede, defendant's conviction must be vacated since the plea record lacks the requisite "affirmative showing" that defendant understood and waived her Boykin rights (see Boykin v. Alabama, 395 U.S. 238, 242 [1969] ; People v. Tyrell, 22 NY3d 359, 365 [2013] ). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in this particular case (cf. People v. Conceicao, 26 NY3d 375, n. 1 [2015] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.