People v Darrien Gibbs

Motion No: M-4954

Slip Opinion No: 2018 NYSlipOp 90096(U)

Decided on December 6, 2018

Appellate Division, First 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.

December 6, 2018

The People of the State of New York,

Respondent,

v

Darrien Gibbs,

Defendant-Appellant.

An appeal having been taken to this Court from a judgment of the Supreme Court, New York County, rendered on or about June 15, 2016, And the People having moved to dismiss the perfected appeal on the ground that defendant is not presently available to obey the mandate of this Court in the event of an affirmance, And defendant, by assigned counsel, the Legal Aid Society, having submitted an affirmation in opposition to the motion, And the People having submitted an affirmation in reply, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the appeal is dismissed. ENTERED: December 6, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Peter Tom Cynthia S. Kern Jeffrey K. Oing,Justices

M-4954

Ind. No. 1072/15