Appellate Division: Second Judicial Department

M66289

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

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

DECISION & ORDER ON MOTION

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. By order to show cause dated July 18, 2007, the appellant was directed to 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.

Now, on the court's own motion and the papers filed in response thereto, it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court