People v Boynton, 2023 NY Slip Op 03415 [217 AD3d 583]

June 22, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jermaine Boynton, Appellant.

Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.

Judgment, Supreme Court, New York County (Mark Dwyer, J.), rendered June 29, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to three years’ probation, unanimously affirmed.

Given the absence of warnings under Boykin v Alabama (395 US 238 [1969]) or any other basis for finding voluntariness, defendant would be entitled to have his plea vacated. However, he does not request that relief, but instead seeks dismissal of the indictment or reduction of the conviction to a misdemeanor, and he expressly asks this Court to affirm the judgment if it does not grant one of those remedies. Because, under all the circumstances, we do not find either remedy to be appropriate, we affirm ( see e.g. People v Teron , 139 AD3d 450 [1st Dept 2016]). Concur—Kern, J.P., Friedman, Mendez, Rodriguez, JJ..