PEOPLE v. MCANUFF (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Michael MCANUFF, Defendant-Appellant.

570466 /10

Decided: October 02, 2020

PRESENT: Edmead, P.J., Cooper, Higgitt, JJ.

Judgment of conviction (Manuel J. Mendez, J.), rendered January 13, 2010, reversed, on the law, and the accusatory instrument dismissed.

As the People concede, defendant's conviction must be vacated because 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]).

Instead of reinstating the accusatory instrument, we dismiss it, as a matter of discretion in the interest of justice, since defendant has completed his sentence and no penological purpose would be served by remanding for further proceedings in this ten-year old case.

Per Curiam.

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