| People v Giambalvo, Vincenzo |
| Motion No: 2005-03417 |
| Slip Opinion No: 2007 NYSlipOp 78525(U) |
| Decided on September 19, 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
M60026
E/sl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2005-03417 The People, etc., respondent, v Vincenzo Giambalvo, appellant. (Ind. No. 1395-03)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Suffolk County, dated March 7, 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 7, 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-1 felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738). The appellant has taken an appeal from an resentence of the County Court, Nassau County, imposed April 14, 2006, which is pending under Appellate Division Docket No. 2006-04385. By order to show cause dated July 18, 2007, the appellant was directed to show cause before this court why the appeal should or should not be dismissed on the ground that it has been rendered academic by the appeal taken from the resentence of the County Court, Nassau County, imposed April 14, 2006.
Upon the motion to summarily affirm the order dated March 7, 2005, and no papers having been filed in response thereto, and upon the motion to dismiss the appeal the order dated March 7, 2005, on the ground that it has been rendered academic by the appeal taken from the resentence imposed April 14, 2006, and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal the order dated March 7, 2005, on the ground that it has been rendered academic by the appeal taken from the resentence imposed April 14, 2006, is granted, and the appeal is dismissed; and it is further,
ORDERED that the motion to summarily affirm the order dated March 7, 2005, is denied as academic.
SPOLZINO, J.P., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court