People v Bernardez, Juan
Motion No: 2011-04414
Slip Opinion No: 2012 NY Slip Op 64651(U)
Decided on February 16, 2012
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

M132924

E/ct

PETER B. SKELOS, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-04414

The People, etc., respondent,

v Juan Bernardez, appellant.

(Ind. No. 07-00054)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal, by permission, from an order of the County Court, Westchester County, dated March 18, 2011, as a poor person and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross motion is granted, and the appeal is dismissed; and it is further,

ORDERED that motion is denied as academic.

SKELOS, J.P., BELEN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court