People v Gilman

People v Gilman 2011 NY Slip Op 00436 Decided on January 27, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 27, 2011
Gonzalez, P.J., Catterson, McGuire, Renwick, JJ.
472 4800/05 473

[*1]The People of the State of New York, Respondent,

v

William Gilman, Defendant-Appellant.



The People of the State of New York, Respondent,

v

Edward J. McNenney, Defendant-Appellant.

Appeals from judgments, Supreme Court, New York County (James A. Yates, J.), rendered April 17, 2008, convicting defendants, after a nonjury trial, of violation of the Donnelly Act (General Business Law §§ 340, 341), and sentencing each defendant to an intermittent term of imprisonment of 16 weekends concurrent with five years' probation, and 250 hours of community service, unanimously dismissed as moot.

The judgments appealed from have been vacated by an order of
Supreme Court, New York County entered July 2, 2010 (2010 NY Slip Op 51379[U]), and the parties have agreed that the People's appeal from that order is withdrawn.

THIS CONSTITUTES THE DECISION AND ORDEROF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 27, 2011
DEPUTY CLERK