Opinion
570071/08.
Decided February 18, 2009.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Alfred Kleinman, J.H.O.), rendered July 16, 2007, after a nonjury trial, convicting him of violating Vehicle and Traffic Law § 401(7)(F)(b), and imposing sentence.
Judgment of conviction (Alfred Kleinman, J.H.O.), rendered July 16, 2007, reversed, on the law, and accusatory instrument dismissed.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
As the People concede, defendant's conviction must be vacated in view of the absence of any record indication that defendant consented to a trial before a Judicial Hearing Officer ( see CPL 350.20; People v Holt, 182 Misc 2d 919, 920). Inasmuch as defendant has already served his sentence, we dismiss the accusatory instrument, a disposition consented to by the People.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.