People v. York

Appellate Division of the Supreme Court of New York

People v. York

112 A.D.3d 762, 976 N.Y.S.2d 410

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 11, 2013

StatusPublished

This text of 112 A.D.3d 762 (People v. York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. York, 112 A.D.3d 762, 976 N.Y.S.2d 410 (N.Y. Ct. App. 2013).

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Opinion

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 [1967]) 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 [2011]; People v Harrison, 51 AD3d 816, 817 [2008]; People v Fredericks, 48 AD3d 827, 829 [2008]). Rivera, J.E, Hall, Roman and Cohen, JJ., concur.

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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 [1967]) 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 [2011]; People v Harrison, 51 AD3d 816, 817 [2008]; People v Fredericks, 48 AD3d 827, 829 [2008]). Rivera, J.E, Hall, Roman and Cohen, JJ., concur.

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Bluebook (online)

112 A.D.3d 762, 976 N.Y.S.2d 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-york-nyappdiv-2013.

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