PEOPLE v. JEFFRIES (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Jimmie JEFFRIES, Defendant-Appellant.

571003 /15

Decided: September 30, 2022

PRESENT: Brigantti, J.P., Tisch, Michael, JJ.

Judgment of conviction (Michael D. Stallman, J.), rendered September 13, 2015, reversed on the law, the 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 (Boykin v Alabama, 395 US 238 [1969]). 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 [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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