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13-130 THE PEOPLE, res, v. LATWAN SCOTT, def-app

13-130 THE PEOPLE, res, v. LATWAN SCOTT, def-app — Judgment of conviction (Robert H. Straus, J. at plea; Kevin B. McGrath, J. at sentencing), rendered September 13, 2012, reversed, on the law, and matter remanded for further proceedings on the accusatory instrument.

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13-130 THE PEOPLE, res, v. LATWAN SCOTT, def-app — Judgment of conviction (Robert H. Straus, J. at plea; Kevin B. McGrath, J. at sentencing), rendered September 13, 2012, reversed, on the law, and matter remanded for further proceedings on the accusatory instrument.

As the People now concede, defendant’s conviction of seconddegree aggravated unlicensed operation of a motor vehicle must be vacated since the plea record lacks the requisite “affirming showing” that defendant understood and waived his Boykin rights (see Boykin v. Alabama, 395 US 238 [1969]; People v. Tyrell, 22 NY3d 359 [2013]). Even though defendant has served his jail sentence, we find the dismissal remedy that he now seeks to be unwarranted in the circumstances of this case, since “for penological purposes it is relevant whether defendant committed the crime” (People v. Allen, 39 NY2d 916, 918 [1976]). Should defendant commit another similar traffic misdemeanor, “it is important that the court be able to impose an enhanced sentence” (People v. Roopchand, 107 AD2d 35, 38 [1985], affd 65 NY2d 837 [1985]; see Vehicle and Traffic Law §511[2] [a][1]).

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