People v Dwight I. Vogel

People v Vogel 2005 NY Slip Op 09577 [6 NY3d 728] December 15, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 15, 2006

[*1] The People of the State of New York, Appellant,
v
Dwight I. Vogel, Jr., Respondent.

Decided December 15, 2005

People v Vogel, 20 AD3d 865, appeal dismissed.

APPEARANCES OF COUNSEL

Gerald L. Stout, District Attorney, Warsaw (Vincent A. Hemming and Donald G. O'Geen of counsel), for appellant.

Anna M. Zephro Jost, Tonawanda, for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), appeal dismissed as moot. The People's claims regarding the Appellate Division's order vacating defendant's sentence were rendered academic when County Court resentenced defendant to the same term imposed by its original judgment.

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.