PEOPLE v. UDDIN (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Afm S. UDDIN, Defendant-Appellant.

570333 /18

Decided: September 30, 2022

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

Judgment of conviction (Barbara F. Newman, J.H.O.), rendered May 2, 2018, reversed, on the law, accusatory instrument dismissed, and fine remitted.

The record fails to establish that defendant understood the nature of the offense to which he was pleading, and that his plea was knowing, intelligent and voluntary (see People v Conceicao, 26 NY3d 375, 383-384 [2015]). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial. We note that the People have declined to submit a respondent's brief on this appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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