| People v Fraser |
| 2020 NY Slip Op 02851 [183 AD3d 435] |
| May 14, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jawawn Fraser, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Alexandra L. Mitter of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.
Appeal from judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered January 13, 2016, which convicted defendant, after a jury trial, of robbery in the third degree, and sentenced him to a term of two to six years, unanimously dismissed, as moot.
By decision and order entered on December 24, 2019, the Supreme Court, New York County (Robert Stolz, J.), vacated defendant's conviction pursuant to CPL 440.10 and ordered a new trial be held. As such, the appeal is rendered moot. Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Webber, JJ.
The Decision and Order of this Court entered herein on February 13, 2020 (2020 NY Slip Op 01037 [2020]) is hereby recalled and vacated (see 2020 NY Slip Op 66187[U] [2020] [decided simultaneously herewith]).