| People v Tapia, Leo R. |
| Motion No: 2011-02784 |
| Slip Opinion No: 2022 NY Slip Op 60870(U) |
| Decided on January 26, 2022 |
| 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. |
Appellate Division: Second Judicial Department
M281150
E/sl
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
SYLVIA O. HINDS-RADIX
PAUL WOOTEN, JJ.
|
2011-02784 The People, etc., respondent, v Leo R. Tapia, appellant. (Ind. No. 10491/2010)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, rendered October 26, 2010. By decision and order of this Court dated March 3, 2021, the matter was remitted to the Supreme Court, Queens County, to afford the appellant an opportunity to move to vacate his plea, and for a report thereafter on any such motion by the appellant, and the appeal was held in abeyance in the interim. Motion by the appellant, in effect, to withdraw the appeal on the ground that the judgment was vacated and the indictment was dismissed by order of the Supreme Court, Queens County, dated October 22, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal is deemed withdrawn.
DILLON, J.P., BRATHWAITE NELSON, HINDS-RADIX and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court