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THE PEOPLE, res, v. HERBERT THOMPSON, def-app

12-313. THE PEOPLE, res, v. HERBERT THOMPSON, def-app — Judgment of conviction (Robert H. Straus, J.H.O.), rendered March 1, 2012, affirmed.

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12-313. THE PEOPLE, res, v. HERBERT THOMPSON, def-app — Judgment of conviction (Robert H. Straus, J.H.O.), rendered March 1, 2012, affirmed.

As the People concede, the record fails to support the conclusion that defendant’s guilty plea was knowing, intelligent and voluntary (see Boykin v. Alabama, 395 US 238 [1969]). Nevertheless, the only relief that defendant requests is dismissal of the information, and he expressly requests this Court to affirm his conviction if it does not grant a dismissal. Since it cannot be said that no penological purpose would be served by reinstating the second degree aggravated unlicensed operation of a motor vehicle charge (see People v. Scott, 45 Misc 3d 128[A], 2014 NY Slip Op 51519[U] [App Term, 1st Dept. 2014]; see also People v. Conceicao, 26 NY3d 375, 385 n 1 [2015]; People v. Teron, 139 AD3d 450 [2016]), dismissal is not warranted.

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