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People v. Walker

Supreme Court, Appellate Term, New York, FIRST DEPARTMENT.
Jan 8, 2018
58 Misc. 3d 145 (N.Y. App. Term 2018)

Opinion

570072/15

01-08-2018

The PEOPLE of the State of New York, Respondent, v. Winston WALKER, Defendant–Appellant.


Per Curiam.

Judgment of conviction (John Cataldo, J.H.O), rendered January 14, 2015, reversed, on the law, accusatory instrument dismissed, fine and surcharge, 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 his Boykin rights (see Boykin v. Alabama , 395 US 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, 385 n 1 [2015] ).

In view of the foregoing, we reach no other issue.


Summaries of

People v. Walker

Supreme Court, Appellate Term, New York, FIRST DEPARTMENT.
Jan 8, 2018
58 Misc. 3d 145 (N.Y. App. Term 2018)
Case details for

People v. Walker

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Winston WALKER…

Court:Supreme Court, Appellate Term, New York, FIRST DEPARTMENT.

Date published: Jan 8, 2018

Citations

58 Misc. 3d 145 (N.Y. App. Term 2018)
94 N.Y.S.3d 540