People v Cuesta
2009 NY Slip Op 06523 [65 AD3d 1112]
September 15, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 4, 2009


The People of the State of New York, Respondent,
v
Danny Cuesta, Appellant.

—[*1] Diane E. Selker, Peekskill, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Ilisa T. Fleischer of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Nassau County (Calabrese, J.), dated October 22, 2007, which after a hearing, adjudicated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In light of this Court's affirmance of the order appealed from in a related case commenced in Suffolk County (see People v Cuesta, 65 AD3d 1113 [2009] [decided herewith]), the contentions raised by the defendant herein have been rendered academic. In the Suffolk County matter, the defendant was adjudicated a level three sex offender pursuant to Correction Law article 6-C. Spolzino, J.P., Angiolillo, Leventhal and Lott, JJ., concur.