PEOPLE v. BOYNTON (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jermaine BOYNTON, Defendant–Appellant.

527 Decided: June 22, 2023

Kern, J.P., Friedman, Mendez, Rodriguez, JJ.

Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.

Judgment, Supreme Court, New York County (Mark Dwyer, J.), rendered June 29, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to three years' probation, unanimously affirmed.

Given the absence of warnings under (Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 [1969]) or any other basis for finding voluntariness, defendant would be entitled to have his plea vacated. However, he does not request that relief, but instead seeks dismissal of the indictment or reduction of the conviction to a misdemeanor, and he expressly asks this Court to affirm the judgment if it does not grant one of those remedies. Because, under all the circumstances, we do not find either remedy to be appropriate, we affirm (see e. g. People v. Teron, 139 A.D.3d 450, 29 N.Y.S.3d 175 [1st Dept. 2016]).

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