Appellate Division: Second Judicial Department

M57327

S/cb

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-03623 The People, etc., respondent, v Elvis Rodriguez, appellant. (Ind. No. 82/00)

ORDER TO SHOW CAUSE

Appeal by the defendant from an order of the County Court, Dutchess County, dated March 15, 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 March 15, 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 affirmation dated November 14, 2005, the attorney assigned to represent the appellant advised the court that the appellant had made a motion pursuant to chapter 643 of the Laws of 2005, to reduce his sentence. That motion was determined by order of the County Court, Dutchess County, dated April 20, 2006, and the defendant has taken an appeal therefrom which is pending under Appellate Division Docket No. 2006- 05205.

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, Dutchess County, dated April 20, 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