| People of State of New York v Gavin D. Ress |
| Motion No: 2008-01240 scr |
| Slip Opinion No: 2010 NY Slip Op 75775(U) |
| Decided on June 24, 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. |
of the State of New York for the 9th & 10th judicial Districts
DENISE F. MOLIA, J.P.
FRANCIS A. NICOLAI
MELVYN TANENBAUM, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Gavin D. Ress, Respondent. |
Court's own motion to dismiss an appeal from so much of an order of the Justice Court of the Town of Southampton, Suffolk County, dated May 23, 2008, as dismissed the original accusatory instruments.
ORDERED, on the court's own motion, that the appeal from so much of the order of the Justice Court of the Town of Southampton, Suffolk County, dated May 23, 2008, as dismissed the original accusatory instruments is dismissed as academic.
By order dated October 13, 2009, this court reversed the Justice Court's order dated May 23, 2008 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 thereon; and this court further held in abeyance the appeal from so much of the order as dismissed the original accusatory instruments. The Justice Court has now 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 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 dismissed the original accusatory instruments has become academic.
ENTER:
Denise F. Molia
Associate Justice