Appellate Division: Second Judicial Department

M39259

S/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO, JJ.

2001-02973 The People, etc., respondent, v Dominick A. Citriniti, appellant. (Ind. No. 00-00293)

ORDER TO SHOW CAUSE

Appeal by Dominick Citriniti from a judgment of the County Court, Orange County, rendered February 27, 2001. By decision and order dated March 3, 2003, the matter was remitted to the County Court, Orange County, to hear and determine that branch of the defendant's omnibus motion which was to suppress physical evidence as the fruit of an unlawful seizure of a cellular telephone, and the appeal was held in abeyance in the interim. The County Court, Orange County, never filed a report. By letter dated April 13, 2006, this District Attorney of Orange County informed this court that the hearing which was directed by the decision and order dated March 3, 2003, was scheduled to occur on April 23, 2003. On that date the appellant appeared in court, with counsel. Instead of proceeding with the hearing, the County Court granted the defendant's motion to vacate the judgment rendered February 27, 2001, accepted the defendant's plea of guilty to attempted criminal possession of a controlled substance in the fifth degree, in satisfaction of the above-referenced indictment, and imposed sentence. No appeal has been taken from the judgment rendered April 23, 2003.

Now, on the court's own motion, it is

ORDERED that the appellant or his attorney show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appeal has been rendered academic by the subsequent proceedings which occurred before the County Court, Orange County, on April 23, 2003, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 26, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon (1) the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), (2) the attorney who last represented the appellant on this appeal, by regular mail, and (3) the District Attorney, by regular mail.

PRUDENTI, P.J., RITTER, KRAUSMAN and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court