| People v Edell, Daniel |
| Motion No: 2005-05677 |
| Slip Opinion No: 2007 NYSlipOp 73809(U) |
| Decided on July 18, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M57315
S/cb
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2005-05677 ORDER TO SH The People, etc., respondent, v Daniel Edell, appellant. (Ind. No. 2612/00)
| OW CAUSE |
Appeal by the defendant from order of the County Court, Nassau County, dated May 3, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence. By decision and order on motion dated September 15, 2005, the parties were directed to show cause why an order should or should not be made and entered summarily affirming the order dated May 3, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738). By order dated February 10, 2006, the County Court, Nassau County, determined the defendant's motion for duplicate relief pursuant to Chapter 738 of the Laws of 2004, and the defendant has taken an appeal therefrom which is pending under Appellate Division Docket No. 2006-02791.
Now, on the court's own motion, it is
ORDERED that the appellant show cause before this court why this appeal should or should not be dismissed on the ground that it has been rendered academic by the appeal taken from the order of the County Court, Nassau County, dated February 10, 2006, by filing an affirmation or affidavit on that issue with the Clerk of this court on or before August 24, 2007; 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 the defendant by ordinary mail pursuant to CPL 470.60(2), at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and by regular mail upon the attorney herein assigned to represent the defendant and upon the District Attorney.
PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court