PEOPLE v. NDIENG (2023)

Judgment of conviction (Kevin McGrath, J.), rendered October 25, 2016, reversed, as a matter of discretion in the interest of justice, accusatory instrument dismissed, and surcharge, if paid, remitted.

Based upon the People's concession, we vacate defendant's disorderly conduct conviction and dismiss the accusatory instrument without addressing the merit of defendant's contentions (see generally People v Whitelow, 2 AD3d 1393 [2003], lv denied 2 NY3d 748 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.