THE PEOPLE V STEVEN BARNEY
Motion No: KA 10-01911
Slip Opinion No: 2011 NY Slip Op 86342(U)
Decided on September 30, 2011
Appellate Division, Fourth 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.


September 30, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, AND MARTOCHE, JJ.

KA 10-01911
Indictment No: 98-2202

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEVEN BARNEY, DEFENDANT-APPELLANT.


An appeal having been taken to this Court from a resentence of the Erie County Court rendered August 26, 2010, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Robert B. Hallborg, Jr., Esq., sworn to June 6, 2011, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal is dismissed as moot and counsel's motion is granted.

Entered: September 30, 2011

Patricia L. Morgan, Clerk