People v Stephen Hargrove

People v Hargrove 2006 NY Slip Op 05340 [31 AD3d 408] July 5, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2006

The People of the State of New York, Respondent,
v
Stephen Hargrove, Appellant.

—[*1]Appeal by the defendant from an order of the Supreme Court, Suffolk County (Mullen, J.), dated January 20, 2005, which, without a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves to be relieved of the assignment to prosecute this appeal.

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

The appeal must be dismissed because the order appealed from was superseded by a subsequent order of the same court dated March 24, 2005, which, after a hearing, designated the defendant a level two sex offender (see People v Peterkin, 5 AD3d 751 [2004]).

Counsel's application for leave to withdraw as counsel is granted. Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.