People v Westbrooks, Lashane
Motion No: 2007-09858
Slip Opinion No: 2008 NYSlipOp 63873(U)
Decided on February 15, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66278

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2007-09858

The People, etc., respondent,

v Lashane Westbrooks, appellant.

(Ind. No. 9401/05)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered October 16, 2007.

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

ORDERED that the appellant show cause before this court, why an order should or should not be made and entered dismissing the appeal on the ground that it has been rendered academic because the judgment rendered October 16, 2007, has been vacated, by filing an affidavit on that issue with the Clerk of this court on or before March 14, 2008; 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the appellant's assigned counsel, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., SKELOS, SANTUCCI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court