| People v Brown, Harold |
| Motion No: 2010-06098 |
| Slip Opinion No: 2011 NY Slip Op 77401(U) |
| Decided on June 30, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M122292
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
SHERI S. ROMAN, 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. By order to show cause dated May 26, 2011, 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 the appellant's resentencing on December 23, 2010, and the motion by assigned counsel, in effect, to be relieved of the assignment was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic; and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved of the assignment is granted.
SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court