People v McCullough
2007 NY Slip Op 02185 [38 AD3d 1204]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


The People of the State of New York, Respondent, v Turemail McCullough, Appellant. (Appeal No. 2.)

—[*1] Edward J. Nowak, Public Defender, Rochester (Eric Dolan of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), for respondent.

Appeal, by permission of an Associate Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Monroe County Court (Patricia D. Marks, J.), entered January 13, 2004. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of robbery in the first degree, assault in the second degree and grand larceny in the third degree.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed as moot (see People v Wilson, 5 NY3d 778, 779 n [2005]). Present—Martoche, J.P., Smith, Centra, Lunn and Fahey, JJ.