Appellate Division: Second Judicial Department

M120448

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-06098 The People, etc., respondent, v Harold Brown, appellant. (Ind. No. 10563/01)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from an order of the Supreme Court, Queens County, dated June 18, 2010, issued pursuant to CPL 440.46, in effect, to be relieved of the assignment on the ground that the appeal has been rendered academic.

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

ORDERED that on the Court's own motion, the appellant is 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 has been rendered academic by the appellant's resentencing on December 23, 2010, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 14, 2011; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved of the assignment is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., DICKERSON, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court