People v. De Los Rios (Gerardo)

Appellate Terms of the Supreme Court of New York

People v. De Los Rios (Gerardo)

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 18, 2020

Docket2020 NYSlipOp 50571(U)

StatusPublished

This text of People v. De Los Rios (Gerardo) (People v. De Los Rios (Gerardo)) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. De Los Rios (Gerardo), (N.Y. Ct. App. 2020).

Pincite

Opinion

The People of the State of New York, Respondent,

against

Gerardo De Los Rios, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Eileen Koretz, J.H.O.), rendered November 12, 2014, convicting him, upon his plea of guilty, of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Eileen Koretz, J.H.O.), rendered November 12, 2014, reversed, on the law, and the accusatory instrument dismissed.

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 this particular case (cf. People v Conceicao, 26 NY3d 375, 385 n 1 [2015]).

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: May 18, 2020

Free access — add to your briefcase to read the full text and ask questions with AI