Appellate Division: Second Judicial Department

M155072

S/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-05023 The People, etc., respondent, v Deirdre Holland, appellant. (Ind. No. 11-07021)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the County Court, Orange County, rendered May 21, 2012. The appellant perfected the appeal on March 4 ,2013, and the People filed their brief on March 15, 2013. By letter dated April 16, 2013, the attorney assigned to represent the appellant on the appeal advised the Court that the appellant had been released from jail and the appeal has been rendered academic as the only issue raised by assigned counsel in his brief is that the appellant's sentence is excessive.

Now, on the Court's own motion, it is

ORDERED that the appellant is 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 as the appellant has been released from incarceration, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 17, 2013; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at her last known place of residence or, if she is imprisoned, at the institution in which she is confined, and upon the attorney who last appeared for her, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court