People v Tankleff
2007 NY Slip Op 10189 [46 AD3d 847]
December 18, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


The People of the State of New York, Respondent,
v
Martin Tankleff, Appellant.

[*1] Baker Botts LLP, Washington, D.C. (Stephen L. Braga, Courtney G. Saleski, and Sheila Kadagathur of counsel), Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. (Jennifer M. O'Connor and Brent Gurney of counsel), Kelley Drye & Warren, LLP, Washington, D.C. (Barry J. Pollack and Dawn E. Murphy-Johnson ocounsel), Law Offices of Bruce A. Barket, P.C., Garden City, N.Y., Clifford Chance US LLP, New York, N.Y. (Warren Feldman and Scott J. Splittgerber of counsel), and Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, N.Y. (Mark F. Pomerantz of counsel), for appellant (one brief filed).

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Leonard Lato of counsel), for respondent.

Appeals by the defendant, by permission, from two orders of the County Court, Suffolk County (Braslow, J.), dated April 27, 2006, and January 3, 2007, respectively, which denied, without a hearing, his motions pursuant to CPL 440.10 (1) (g) to vacate two judgments of the same court (Tisch, J.), both rendered October 23, 1990, convicting him of murder in the second degree (two counts; one count as to each indictment), upon jury verdicts, and imposing sentences.

Ordered that the appeals are dismissed as academic in light of our determination of the appeal from an order of the same court dated March 17, 2006, denying, after a hearing, the defendant's motion pursuant to CPL 440.10 (1) (g) and (h) to vacate the judgments (see People v Tankleff, 46 AD3d 846 [2007] [decided herewith]). Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.