People v. Sanabria

2018 NY Slip Op 317

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 17, 2018
• Docket: 2016-03006
• Status: Published

Opinion

People v Sanabria (2018 NY Slip Op 00317)

People v Sanabria

2018 NY Slip Op 00317

Decided on January 17, 2018

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 January 17, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
LINDA CHRISTOPHER, JJ.

2016-03006
(Ind. No. 5/07)

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

v

Christina Sanabria, appellant.

Covington & Burling LLP, New York, NY (Alan Vinegrad, Gregory S. Nieberg, Daniel A. Nazar, and Jordan S. Joachim of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, by permission, from an order of the County Court, Dutchess County (Forman, J.), dated March 15, 2016, which, without a hearing, denied her motion pursuant to CPL 440.10 to vacate a judgment of the same court (Dolan, J.), rendered June 15, 2007, convicting her of assault in the first degree and assault in the second degree (two counts), upon her plea of guilty, and imposing sentence.

ORDERED that the appeal from the order is dismissed as academic in light of our determination granting the defendant's application for a writ of error coram nobis and reversing the judgment of conviction (see People v Sanabria, _____ AD3d _____ [Appellate Division Docket No. 2007-06298; decided herewith]).

RIVERA, J.P., HALL, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court