People v. Xinquan Wu

Appellate Terms of the Supreme Court of New York

People v. Xinquan Wu

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 13, 2019

Docket2019 NYSlipOp 50163(U)

StatusPublished

This text of People v. Xinquan Wu (People v. Xinquan Wu) 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. Xinquan Wu, (N.Y. Ct. App. 2019).

Pincite

Opinion

The People of the State of New York, Respondent,

against

Xinquan Wu, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert H. Straus, J.H.O.), rendered February 4, 2014, convicting him, upon a plea of guilty, of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert H. Straus, J.H.O.), rendered February 4, 2014, reversed on the law, accusatory instrument dismissed, and fine, if paid, remitted.

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]).

In view of our disposition, we reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: February 13, 2019

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