| People v Westbrooks, Lashane |
| Motion No: 2007-09858 |
| Slip Opinion No: 2008 NYSlipOp 68241(U) |
| Decided on April 2, 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. |
Appellate Division: Second Judicial Department
M68481
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2007-09858 The People, etc., respondent, v Lashane Westbrooks, appellant. (Ind. No. 9401/05)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered October 16, 2007. By order to show cause dated February 15, 2008, the appellant was directed to show cause before this court, why an order should or should not be made and entered dismissing the appeal on the ground that it had been rendered academic because the judgment rendered October 16, 2007, had been vacated. Motion by the appellant, in effect, for leave to withdraw the appeal.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion, in effect, for leave to withdraw the appeal and the papers filed in relation thereto, it is
ORDERED that the motion, in effect, for leave to withdraw the appeal is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
SANTUCCI, J.P., DICKERSON, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court