People v. Tavarez (Joel)

The People of the State of New York, Respondent, against Joel Tavarez, Defendant-Appellant. Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Erika M. Edwards, J.), rendered June 10, 2013, convicting him, upon a plea of guilty, of harassment in the second degree, and imposing sentence. Per Curiam. Judgment of conviction (Erika M. Edwards, J.), rendered June 10, 2013, affirmed. The record fails to support the conclusion that defendant's guilty plea was knowing, intelligent and voluntary, because the court accepted the plea without addressing any of the constitutional rights defendant was waiving, and there are not sufficient circumstances reflecting his consultation with counsel (see People v Conceicao, 26 NY3d 375, 383-85 [2015]; People v Tyrell, 22 NY3d 359, 365-366 [2013]). Nevertheless, the only relief defendant requests is dismissal of the information, and he expressly requests this Court to affirm his conviction if it does not grant a dismissal. Since it cannot be said that no penological purpose would be served by reinstating the proceedings (see Conceicao at 385 n 1; People v Teron, 135 AD3d 586 [2016]), dismissal is not warranted and therefore we affirm (see People v Diaz, 112 AD3d 423 [2013], lv denied 23 NY3d 1036 [2014]; People v Schweitzer 83 AD3d 503 [2011], lv denied 17 NY3d 800 [2011]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur I concur Decision Date: April 28, 2016