People v Cesar Fermin .

Motion No: M-7827

Slip Opinion No: 2019 NYSlipOp 83542(U)

Decided on November 7, 2019

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.

November 7, 2019

The People of the State of New York,

Respondent,

v

Cesar Fermin,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County (Bruce Allen, J.), rendered November 21, 2006, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree and sentencing him to a term of 60 days, And by decision and order entered December 9, 2014 (Appeal No. 13314), this Court having held the aforesaid appeal in abeyance and remitted the matter to Supreme Court for the remedy set forth in People v Peque, 22 NY3d 168, 182-183 (2013), Now, on the Court's own motion, It is ordered that the appeal is dismissed as academic, the aforesaid plea of guilty to attempted criminal possession of a controlled substance in the third degree having been vacated and defendant having pleaded guilty to a misdemeanor in satisfaction of the reinstated indictment on July 19, 2017. ENTERED: November 7, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Angela M. Mazzarelli, Justices

M-7827

Ind. No. 6788/05