| People of State of New York v Riverhead Park Corp. |
| Motion No: 2008-01260 scr |
| Slip Opinion No: 2010 NY Slip Op 66357(U) |
| Decided on March 19, 2010 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Appellant, -against- RIVERHEAD PARK CORP. Respondent. |
DECISION
On the court's own motion, the appeal from so much of an order of the Justice Court of the Town of Southampton, Suffolk County (Deborah Kooperstein, J.), entered April 2, 2008, as granted the portion of defendant's motion seeking to dismiss the superseded original accusatory instruments is dismissed as academic.
By order dated June 29, 2009, this court reversed the Justice Court's order insofar as it, in effect, sua sponte dismissed the superseding instruments; reinstated the superseding accusatory instruments; and remitted the matter to the Justice Court for further proceedings.
The Justice Court has informed this court that defendant has been arraigned on the superseding accusatory instruments. As this court noted in its prior decision, were this court now to reinstate the superseded original accusatory instruments, the Justice Court would be required to dismiss them (see CPL 100.50 [1]).
Thus, the appeal from so much of the Justice Court's order as granted the portion of defendant's motion seeking to dismiss the superseded original accusatory instruments has become academic.
Rudolph, P.J., taking no part.