| People of State of New York v Paul Johnson |
| Motion No: 2015-00986 RICR |
| Slip Opinion No: 2017 NY Slip Op 87852(U) |
| Decided on September 28, 2017 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Paul Johnson, Appellant. |
Motion by counsel for appellant to dismiss an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered April 13, 2015, and to remit the matter to the Criminal Court for the entry of an order vacating the judgment and dismissing the accusatory instrument (see People v Castro, 84 NY2d 976 [1994]).
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed and the matter is remitted to the Criminal Court for the entry of an order vacating the judgment of conviction and dismissing the accusatory instrument (see People v Matteson, 75 NY2d 745 [1989]); and it is further,
ORDERED that the motion by counsel for appellant is dismissed.
ENTER:
Paul Kenny
Chief Clerk