People v. Tyrell, 22 N.Y.3d 359

Defendant Cavell Craig Tyrell pleaded guilty in two separate misdemeanor marijuana cases after arraignment: one plea to PL 221.10 (possession) for time served (Feb 2009 arrest), and one plea to PL 221.40 (sale) accepting 10 days (Oct 2009 arrest).
Both pleas were taken during arraignment soon after arrest; defense counsel was present and negotiated the disposition in court.
The plea colloquies contain no on-the-record advisals or affirmative waivers of the constitutional rights described in Boykin (jury trial, confrontation, privilege against self-incrimination).
Appellate Term affirmed both convictions, deeming Boykin challenges unpreserved because no postallocution motion (CPL 220.60(3)) or CPL 440.10 motion was filed; it alternatively found the allocutions sufficient.
The Court granted leave, reviewed preservation doctrines (Lopez/Louree line), and considered whether the silent records affirmatively show waiver of Boykin rights.

Issue	People's Argument	Tyrell's Argument	Held
Whether Boykin-related voluntariness claims are preserved without a postallocution motion	Lopez requires postallocution motion; unpreserved	Lopez/Louree exceptions apply; reviewable on direct appeal	Court: Reviewable here—practical impossibility of postallocution motion and/or mode-of-proceedings constitutional error allows direct review
Whether the plea colloquies affirmatively show waiver of Boykin rights	Colloquies read in context show knowing, voluntary pleas	Record silent as to waiver; no discussion of constitutional rights or attorney advice	Court: Records lack affirmative showing of waiver; pleas not knowing/voluntary
Whether absence of on-the-record advisals requires reversal absent showing of prejudice	People: context and counsel presence mitigate silence; preservation rules apply	Tyrell: Boykin and precedent require affirmative record; silence mandates reversal	Court: No prejudice inquiry needed when record is silent; vacate pleas
Remedy where plea vacated and sentence served	People: conviction should stand or limited relief	Tyrell: dismissal appropriate because sentence already served	Court: Vacate pleas and dismiss the misdemeanor complaints (sentences served)

Boykin v. Alabama, 395 U.S. 238 (1969) (guilty plea must be voluntary and intelligently waive core constitutional rights)
People v. Lopez, 71 N.Y.2d 662 (1988) (preservation rule: postallocution motion required to challenge allocution except in rare cases)
People v. Louree, 8 N.Y.3d 541 (2007) (permits direct appeal when motion to withdraw or vacate is practically unavailable)
People v. Catu, 4 N.Y.3d 242 (2005) (failure to advise of postrelease supervision requires reversal regardless of prejudice)
United States v. Dominguez Benitez, 542 U.S. 74 (2004) (when record contains no evidence defendant knew rights waived, conviction must be reversed)
People v. Harris, 61 N.Y.2d 9 (1983) (rejects rigid catechism but requires an affirmative showing of waiver on the record)
People v. Fiumefreddo, 82 N.Y.2d 536 (1993) (record must affirmatively show waiver of constitutional rights)