People v Keith Shenery .

Motion No: M-8947

Slip Opinion No: 2020 NYSlipOp 62517(U)

Decided on February 6, 2020

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.

February 6, 2020

The People of the State of New York,

Respondent,

v

Keith Shenery,

Defendant-Appellant.

An appeal having been taken from the judgment of the Supreme Court, New York County, rendered on or about May 29, 2019,And an order of a Justice of this Court having been entered on June 10, 2019, inter alia, staying execution of the aforesaid judgment and releasing defendant on his own recognizance,And order of this Court having been entered on October 1, 2019, (M-6913), inter alia, continuing the stay of enforcement of the aforementioned judgment, and the release of defendant on his own recognizance, And defendant having moved for an order discontinuing the appeal as moot, in light of the fact that the judgment has been vacated and the indictment dismissed and sealed; and vacating the October 1, 2010 order of this Court which continued the stay of execution pending appeal, 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due deliberation having been had thereon,It is ordered that the motion is granted to the extent of deeming the appeal withdrawn. The prior order of this Court, entered October 1, 2019, (M-6913), is hereby vacated.ENTERED: February 6, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Barbara R. Kapnick Angela M. Mazzarelli Peter H. Moulton,Justices

M-8947

Ind. No. 1474/17