PEOPLE v. WILSON (2020)

Judgment of conviction (Barbara F. Newman, J.H.O.), rendered March 27, 2017, reversed, on the law, the plea vacated, accusatory instrument dismissed and fine, if paid, remitted.

The information was not jurisdictionally defective. It contained nonconclusory factual allegations which, if true, established every element of the simple trespass offense charged (see Penal Law § 140.05) and the defendant's commission thereof, and supplied defendant with sufficient notice of the charged offense to satisfy the demands of due process and double jeopardy (see People v. Middleton, 35 NY3d 952 [2020]; People v. Wheeler, 34 NY3d 1134, 1135 [2020]).

The information recites that on a specified date and time, defendant knowingly entered and remained on the “roof” of 291 East 3rd Street, despite a “sign clearly posted on the entrance to [the] roof stat[ing] ‘unlawful to enter roof.’ ” The information further alleges that defendant was cohosting a party on the roof.

However, we agree with defendant that the record fails to support the conclusion that her guilty plea was knowing, intelligent and voluntary. The court did not ask defendant any questions during the plea proceeding and defendant did not speak; nor was defendant advised of any constitutional rights she was waiving (see People v. Moore, 24 NY3d 1030 [2014]; People v. Tyrell, 22 NY3d 359, 365—366 [2013] [“[p]resuming waiver from a silent record is impermissible” (citation omitted) ] ). Given the relatively minor nature of the non-criminal violation here charged, we dismiss the accusatory instrument (see People v Burwell, 53 NY2d 849, 851 [1981]). 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.