Appellate Division: Second Judicial Department

M61284

S/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2005-00784 The People, etc., respondent, v Keith Davis, appellant. (Ind. No. 9148/01)

DECISION & ORDER ON MOTION

Appeal by Keith Davis from a resentence of the Supreme Court, Kings County, imposed November 1, 2004. The appellant's motion for poor person relief and the assignment of counsel was granted on February 25, 2005, and he was assigned an attorney to prosecute this appeal and an appeal from a judgment under the same indictment number rendered July 14, 2003 (Appellate Division Docket No. 2004-09776). Assigned Counsel filed a brief on December 14, 2006, but did not raise any issues in connection with the resentence imposed November 1, 2004. By order to show cause dated August 6, 2007, the appellant or his attorney was directed to show cause before this court why an order should or should not be entered dismissing the appeal from the resentence on the ground that he has abandoned that appeal.

On the court's own motion and upon the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed on the ground that it has been rendered academic in light of the appeal taken by the appellant from a resentence of the Supreme Court, Kings County, imposed September 25, 2007; and it is further,

ORDERED that the motion to dismiss the appeal as abandoned is denied as academic.

SCHMIDT, J.P., GOLDSTEIN, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court