Opinion
June 19, 1990
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
The sole contention on appeal was that defendant's sentence should be vacated in the event of a reversal of his Kings County judgment of conviction, which was also being appealed, since the terms of his negotiated plea called for the sentence to run concurrently with the sentence in that matter. (See, People v Rogers, 48 N.Y.2d 167, 174-175; People v. Clark, 45 N.Y.2d 432.) In light of the fact that the Appellate Division for the Second Judicial Department has, since the filing of defendant's brief, affirmed the Kings County judgment (see, People v. James, 159 A.D.2d 723), this issue has become moot, leaving no basis for disturbing the judgment of conviction. (See, People v. Landy, 59 N.Y.2d 369, 377.)
Concur — Kupferman, J.P., Sullivan, Rosenberger, Kassal and Smith, JJ.