Appellate Division: Second Judicial Department

M139943

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2009-04812 The People, etc., respondent, v Raymondy Brun, appellant. (Ind. No. 1780/06)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Nassau County, rendered April 14, 2009. By order to show cause dated November 8, 2010, the appellant was ordered to show cause before this Court, why an order should or should not be entered dismissing the appeal on the ground that it had been rendered academic by a determination of the Court of Appeals dated October 26, 2010 (see People v Brun, 15 NY3d 875). By decision and order on motion of this Court dated December 8, 2010, the appeal was held in abeyance pending determination of an appeal from an order of the same court dated May 11, 2007, pending under Appellate Division Docket No. 2007-05151. By decision and order of this Court dated August 2, 2011, the order dated May 11, 2007, was modified (see People v Brun, 87 AD3d 548) and the matter was remitted to the County Court, Nassau County, for the imposition of sentence. The defendant was sentenced on November 17, 2011, as amended January 31, 2012. By order to show cause dated May 14, 2012, the appellant was directed to show cause before this Court, why an order should or should not be entered dismissing the appeal on the ground that it had been rendered academic by the sentence imposed November 17, 2011, as amended January 31, 2012.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court