| People of State of New York v Joseph Lamarca |
| Motion No: 2009-02247 ncr |
| Slip Opinion No: 2011 NY Slip Op 83347(U) |
| Decided on September 6, 2011 |
| 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
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Joseph Lamarca, Appellant. |
Motion by the Legal Aid Society of Nassau County, counsel assigned to prosecute an appeal from a judgment of conviction of the City Court of Glen Cove, Nassau County, rendered September 29, 2009, to be relieved on the ground that the appeal has been rendered academic by the vacatur of the judgment of conviction. By order to show cause dated July 26, 2011, 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 has been rendered academic, and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in relation thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition 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 to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk