Appellate Division: Second Judicial Department

M135933

E/ct

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-08954 The People, etc., respondent, v Marshall Rosado, appellant. (Ind. No. 544/02)

DECISION & ORDER ON MOTION

Application by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, imposed September 16, 2011, in effect, to be relieved of the assignment on the ground that the appeal has been rendered academic. By order to show cause dated March 16, 2012, 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 has been rendered academic by the appellant's resentencing on January 13, 2012, and the application by assigned counsel, in effect, to be relieved of the assignment was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal and the application by assigned counsel, in effect, to be relieved of the assignment are granted, the appeal is dismissed, and assigned counsel is relieved of the assignment.

ANGIOLILLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court