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Appellate Term, First Department: June 11, 2018

Appellate Term, First Department: June 11, 2018

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By: Shulman, P.J., Gonzalez, Cooper, JJ.17-187. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JOHN BARR, def-app — Judgment of conviction (John Cataldo, J.H.O,), rendered December 12, 2016, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.Based on the People’s concession that the accusatory instrument was jurisdictionally defective, we reverse defendant’s Summons Part conviction and dismiss the accusatory instrument without addressing the merits of the issue (see generally People v. Whitelow, 2 AD3d 1393 [2003], lv denied 2 NY3d 748 [2004]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.June 11, 2018

17-224. THE PEOPLE OF THE STATE OF NEW YORK, res, v. AKEEM HERRMANN, def-app — Judgment of conviction (Alfred D. Cooper, J.H.O.), rendered January 31, 2017, reversed, on the law, accusatory instrument dismissed, 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]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.June 11, 2018

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