Opinion
05-14-2020
The PEOPLE of the State of New York, Plaintiff–Respondent, v. Jawawn FRASER, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Alexandra L. Mitter of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Alexandra L. Mitter of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.
Acosta, P.J., Renwick, Manzanet–Daniels, Webber, JJ.
Appeal from judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered January 13, 2016, which convicted defendant, after a jury trial, of robbery in the third degree, and sentenced him to a term of two to six years, unanimously dismissed, as moot.
By decision and order entered on December 24, 2019, the Supreme Court, New York County (Robert Stolz, J.), vacated defendant's conviction pursuant to CPL 440.10 and ordered a newtrial be held. As such, the appeal is rendered moot.
The Decision and Order of this Court entered herein on February 13, 2020 (2020 NY Slip Op. 01037 [1st Dept. 2020] ) is hereby recalled and vacated (see M–973 decided simultaneously herewith).