People of State of New York v M. Santulli, LLC
Motion No: 2009-01034 scr
Slip Opinion No: 2012 NY Slip Op 74986(U)
Decided on May 24, 2012
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2009-1034 S CR
The People of the State of New York, Respondent, v M. Santulli, LLC, Appellant.

Appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered June 19, 2008. By decision and order of this court dated August 10, 2010, the appeal was held in abeyance and the matter remitted to the District Court for a determination following a hearing of the branch of appellant's omnibus motion seeking the suppression of evidence, for a determination of defendant's speedy trial motion and for a report. Following the hearing, the District Court granted appellant's speedy trial motion, in effect vacated the judgment of conviction, and dismissed the accusatory instrument.

On the court's own motion, it is

ORDERED that the appeal from the judgment of conviction is dismissed as moot, as the judgment of conviction has been vacated and the accusatory instrument dismissed.

ENTER:

Paul Kenny

Chief Clerk