Opinion
2012-00748 Ind. No. 5910/01 M150005
01-22-2013
The People, etc., respondent, v. Lynn Johnson, appellant.
, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 21, 2011, issued pursuant to CPL 440.46, on the ground that it has been rendered academic by the appellant's release from incarceration after serving his full term of incarceration..
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed (see People v Middleton, 90 AD3d 951)
BALKIN, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court