No. 2011–314 OR CR. 2012-12-10 The PEOPLE of the State of New York, Appellant,- v. Howard GRUBSTEIN, Respondent. Appeal from an order of the Justice Court of the Town of Tuxedo, Orange County (Shawn M. Brown, J.), dated January 6, 2011. The order granted defendant's motion to vacate a judgment convicting defendant, upon his plea of guilty, of driving while intoxicated. Present: NICOLAI, P.J., IANNACCI and LaSALLE, JJ. ORDERED that the order is reversed, on the law, and defendant's motion to vacate
If a defendant shall have appeared pro se in the trial court, then, upon imposing sentence or upon the denial of a motion made pursuant to C PL 440.10 or 440.20 or the denial or dismissal of the habeas corpus or CPLR article 78 application or proceeding, the trial court shall concurrently advise the defendant of his right to appeal or to make application for permission to appeal or for a certificate granting leave to appeal, as the case may be. The court shall also concurrently advise the defendant