Opinion
No. 570248/11.
2014-06-4
The PEOPLE of the State of New York, Respondent, v. Harold TAYLOR, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered February 23, 2011, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.
Present: SCHOENFELD, J.P., SHULMAN, LING–COHAN, JJ. PER CURIAM.
Judgment of conviction (Robert M. Mandelbaum, J.), rendered February 23, 2011, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.
Based on the People's concession that defendant's guilty plea was not shown to be knowing and voluntary, we reverse the conviction without addressing the merits of the issue ( see generally People v.. Whitelow, 2 AD3d 1393 [2003], lv denied 2 N.Y.2d 748 [2004] ). Moreover, the People do not dispute that the accusatory instrument should be dismissed because defendant has already served his sentence ( see People v. Tyrell, 22 NY3d 359, 366 [2013] ).
I concur.