People v York

People v York 2013 NY Slip Op 08284 Decided on December 11, 2013 Appellate Division, Second 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 December 11, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2012-05547
(Ind. No. 10595/98)

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

v

Mike York, appellant.




Lynn W. L. Fahey, New York, N.Y. (David G. Lowry of counsel),
for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Camille O'Hara Gillespie
of counsel; Robert Ho on the brief), for
respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (R. Guzman, J.), imposed May 22, 2012, upon his conviction of manslaughter in the first degree and criminal possession of a weapon in the third degree (two counts), the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on June 30, 1999. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738) in which she moves for leave to withdraw as counsel for the appellant.

ORDERED that the appeal is dismissed as academic; and it is further,

ORDERED that assigned counsel's application for leave to withdraw as counsel is dismissed as academic.

Inasmuch as the resentence was vacated by a subsequent order of the Supreme Court during the pendency of this appeal, the appeal has been rendered academic (see People v Middleton, 90 AD3d 951, 952; People v Harrison, 51 AD3d 816, 817; People v Fredericks, 48 AD3d 827, 829).
RIVERA, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court