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People v. Miller

113 A.D.3d 573 Court N.Y. App. Div. Decision date 2014-01-30 English

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p. 573
The People of the State of New York, Respondent, v Jerald Miller, Appellant.
[979 NYS2d 522]

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 ques

p. 574
tion 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.

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