Opinion
2014-06325
06-29-2016
The People of the State of New York, respondent, v. Kamil Cwalinski, appellant.
Robert C. Mitchell, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
CHERYL E. CHAMBERS JEFFREY A. COHEN JOSEPH J. MALTESE, JJ. (Ind. No. 972/13)
Robert C. Mitchell, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cohen, J.), rendered September 13, 2013, as amended December 4, 2014, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment, as amended, is affirmed.
As asserted by the People and correctly conceded by the appellant, the further proceedings that took place in this case on December 4, 2014, have rendered the issues raised in the appellant's brief academic. Accordingly, the judgment, as amended December 4, 2014, must be affirmed (cf. Padilla v Kentucky, 559 US 356; People v Peque, 22 NY3d 168).
BALKIN, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court