PEOPLE v. HARTMAN (2020)

Judgment of conviction (Robert M. Stolz, J.), rendered October 30, 2016, 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 (see Boykin v. Alabama, 395 US 238 [1969]). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in the particular case (cf. People v. Conceicao, 26 NY3d 375, 385 n [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.