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THE PEOPLE, res, v. ALVIN MURRAY, def-app

14-014. THE PEOPLE, res, v. ALVIN MURRAY, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered April 18, 2013, reversed, on the law, and matter remanded for further proceedings on the accusatory instrument.

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14-014. THE PEOPLE, res, v. ALVIN MURRAY, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered April 18, 2013, reversed, on the law, and matter remanded for further proceedings on the accusatory instrument.

As the People now concede, defendant’s conviction of third-degree aggravated unlicensed operation of a motor vehicle must be vacated since the plea record lacks the requisite “affirming showing” that defendant understood and waived his Boykin rights (see Boykin v. Alabama, 395 US 238 [1969]; People v. Tyrell, 22 NY3d 359 [2013]). Even though defendant has served his sentence, we find the dismissal remedy that he now seeks to be unwarranted in the circumstances of this case, since “for penological purposes it is relevant whether defendant committed the crime” (People v. Allen, 39 NY2d 916, 918 [1976]). Should defendant commit another similar traffic misdemeanor, “it is important that the court be able to impose an enhanced sentence” (People v. Roopchand, 107 AD2d 35, 38 [1985], affd 65 NY2d 837 [1985]; see Vehicle and Traffic Law §511[2] [a][1]; People v. Scott, 45 Misc 3d 128[A], 2014 NY Slip Op 51519[U] [App Term, 1st Dept 2014]).

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