People v Sherrod, Ricky
Motion No: 2010-05554
Slip Opinion No: 2011 NY Slip Op 77483(U)
Decided on July 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M122520

E/nl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-05554

The People, etc., respondent,

v Ricky Sherrod, appellant.

(Ind. No. 566/96)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 4, 2010, issued pursuant to CPL 440.46, as academic on the ground that the appellant has been discharged from parole and his sentence terminated, or, in the alternative, to enlarge the time to serve and file a brief.

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

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

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court