People v Burkhardt, Michael
Motion No: 2008-00306
Slip Opinion No: 2010 NY Slip Op 62439(U)
Decided on January 29, 2010
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

M97973

J/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2008-00306

The People, etc., respondent,

v Michael Burkhardt, appellant.

(Ind. No. 3033-06)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the County Court, Suffolk County, rendered December 20, 2007, pending determination of the appellant's motion pursuant to CPL 440.10.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is denied as academic, as the CPL 440.10 motion was decided by order of the County Court, Suffolk County, dated December 15, 2009.

DILLON, J.P., MILLER, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court