| People v Johnson, Lynn |
| Motion No: 2012-00748 |
| Slip Opinion No: 2013 NY Slip Op 62257(U) |
| Decided on January 22, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M150005
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-00748 The People, etc., respondent, v Lynn Johnson, appellant. (Ind. No. 5910/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 21, 2011, issued pursuant to CPL 440.46, on the ground that it has been rendered academic by the appellant's release from incarceration after serving his full term of incarceration..
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed (see People v Middleton, 90 AD3d 951)
BALKIN, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court