The People, Respondent,v.Kenneth Moore, Appellant.BriefN.Y.October 21, 2014DISTRICT ATTORNEY COUNTY OF NEW YORK ONE HOGAN PLACE CYRUS R. VANCE, JR. DISTRICT ATTORNEY New York Court of Appeals Court of Appeals Hall 20 Eagle Street Albany, New York 12207-1095 Attention: Andrew W. Klein Clerk of the Court Dear Mr. Klein: New York, N. Y. 10013 (212) 335-9000 August 13, 2014 Re: People v. Kenneth Moore APL-2014-00145 I submit this letter in the above-captioned case, pursuant to this Court's designation of this appeal for sua sponte examination of the merits under Rule 500.11 of the Court of Appeals. The referenced case is governed by this Court's decision in People v. Tyrell, 22 N.Y.3d 359 (2013). Defendant argues that his guilty plea must be vacated because the record is inadequate to demonstrate that his plea was a knowing, voluntary, and intelligent one. Pursuant to Tyrell, 22 N.Y.3d at 363-64, because defendant pled guilty and was sentenced on the same day, his claim is reviewable by this Court even though he did not preserve his claim regarding the sufficiency of his plea allocution. Defendant pled guilty and was sentenced at arraignment without ever speaking on the record and with no affirmative indication that he discussed the waiver of his trial rights with his attorney. Consequently, his case is seemingly indistinguishable from one of the Tyrell cases, in which the defendant pled guilty and was sentenced at arraignment without uttering a word. Thus, in light of this Court's decision in Tyrell, 22 N.Y.3d 359, the People are constrained to concede that defendant's plea should be vacated. DISTRICT ATTORNEY COUNTY OF NEW YORK 2 August 13, 2014 Given the nature of the offense to which defendant pled guilty (see Defendant's Submission: 1-2, 6), the People do not oppose dismissal of the accusatory instrument. cc: Kristina Schwarz, Esq. The Legal Aid Society Criminal Appeals Bureau 199 Water Street New York, New York 10038 Respectfully submitted, //ff 5-AJ Yuval Simchi-Levi Assistant District Attorney (212) 335-9232