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THE PEOPLE, res v. JEROME ARMOUR, def-app

14-068. THE PEOPLE, res v. JEROME ARMOUR, def-app — Judgment of conviction (Marc J. Whiten, J.), rendered December 13, 2012, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

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14-068. THE PEOPLE, res v. JEROME ARMOUR, def-app — Judgment of conviction (Marc J. Whiten, J.), rendered December 13, 2012, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

As the People commendably concede, defendant’s conviction 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]). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial, a disposition unopposed by the People.

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