PEOPLE v. GIRON (2019)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Dennis GIRON, Defendant-Appellant.

570233 /18

Decided: December 09, 2019

PRESENT: Ling-Cohan, J.P., Cooper, J.

Judgment of conviction (Eugene Schwartzwald, J.H.O.), rendered March 12, 2018, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.

We agree with defendant that the record fails to establish that he understood the nature of the offense to which he was pleading, and that his plea was not knowing, intelligent and voluntary (see People v Conceicao, 26 NY3d 375, 382-383 [2015]). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial. We note the absence of a respondent's brief.

Per Curiam.

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