People v Cruz, Robert
Motion No: 2018-02109
Slip Opinion No: 2018 NY Slip Op 84633(U)
Decided on September 27, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M255712

E/sl

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-02109

The People, etc., respondent,

v Robert Cruz, appellant.

(Ind. No. 636/17)

DECISION & ORDER ON MOTION

Appeal by Robert Cruz from a judgment of the Supreme Court, Queens County, rendered December 19, 2017. By order to show cause dated August 7, 2018, the appellant was 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 because the plea and sentence were vacated.

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.

SCHEINKMAN, P.J., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court