People v Griffith, Winston
Motion No: 2009-11768
Slip Opinion No: 2019 NY Slip Op 86878(U)
Decided on December 26, 2019
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

M268472

kbp/

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2009-11768

The People, etc., respondent,

v Winston Griffith, appellant.

(Ind. No. 5090/07)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered March 18, 2009, in effect, to be relieved on the ground that the appeal has been rendered academic as the judgment was vacated. By order to show cause dated November 12, 2019, 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, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that assigned counsel's motion is granted.

SCHEINKMAN, P.J., BALKIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court