People v. Brun

Full title: The People, etc., respondent, v. Raymondy Brun, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 14, 2012

2012 N.Y. Slip Op. 73135 (N.Y. App. Div. 2012)

Opinion

Motion No: 2009-04812 Ind. No. 1780/06 M137631

05-14-2012

The People, etc., respondent, v. Raymondy Brun, appellant.

WILLIAM F. MASTRO

, A.P.J.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the County Court, Nassau County, rendered April 14, 2009. By order to show cause dated November 8, 2010, the appellant was ordered to show cause before this Court, why an order should or should not be entered dismissing the appeal on the ground that it had been rendered academic by a determination of the Court of Appeals dated October 26, 2010 (see People v Brun, 15 NY3d 875). By decision and order on motion of this Court dated December 8, 2010, the appeal was held in abeyance pending determination of an appeal from an order of the same court dated May 11, 2007, pending under Appellate Division Docket No. 2007-05151. By decision and order of this Court dated August 2, 2011, the order dated May 11, 2007, was modified (see People v Brun, 87 AD3d 548) and the matter was remitted to the County Court, Nassau County, for the imposition of sentence. The defendant was sentenced on November 17, 2011, as amended January 31, 2012.

Now, on the Court's own motion, it is

ORDERED that the the appellant is directed to show cause before this Court, why an order should or should not be entered dismissing the appeal on the ground that it has been rendered academic by the sentence imposed November 17, 2011, as amended January 31, 2012, by filing an affidavit on that issue with the Clerk of this Court on or before June 8, 2012, and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, A.P.J., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court