People v. Miller

113 A.D.3d 573, 979 N.Y.2d 522

Opinion

Defendant contends that his guilty plea should be vacated because he was not informed of any of his constitutional rights under Boykin v Alabama (395 US 238 [1969]). The only question that the judge asked was whether “anybody force[d] [him] to plead guilty.” While it has been held that no “uniform mandatory catechism” is required at a plea (People v Nixon, 21 NY2d 338, 353 [1967], cert denied 393 US 1067 [1969]; People v Tyrell, 22 NY3d 359 [2013]), the court’s failure to inform defendant of any of his Boykin rights is an error of constitutional dimension mandating reversal (id. at *5).

We note that defendant fulfilled the conditions of his sentence. Concur — Mazzarelli, J.P., Andrias, Freedman and Gische, JJ.