Appellate Division: Second Judicial Department

M116980

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-02532 The People, etc., respondent, v Derrick Richard, appellant. (Ind. No. 11877/98)

DECISION & ORDER ON MOTION

Motion by Steven Banks, counsel for the appellant, in effect, to be relieved as counsel on an appeal from a resentence of the Supreme Court, Kings County, imposed February 20, 2009, on the ground that the appeal has been rendered academic by an order of the same court dated March 12, 2010, vacating the postrelease supervision imposed February 20, 2009. By order to show cause dated December 15, 2010, 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 the appeal had been rendered academic by an order of the same court dated March 12, 2010, vacating the postrelease supervision imposed February 20, 2009, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court