Opinion
KA 02-01207.
Decided March 19, 2004.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered April 5, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree and criminal possession of marihuana in the second degree.
TIMOTHY P. MURPHY, LOCKPORT, FOR DEFENDANT-APPELLANT.
RICHARD F. MILLS, DEFENDANT-APPELLANT PRO SE.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed.
Memorandum: We are advised that, by order dated October 7, 2003, County Court granted defendant's motion to vacate the judgment of conviction pursuant to CPL 440.10. Thus, defendant's direct appeal from the judgment of conviction must be dismissed as moot ( see People v. James, 212 A.D.2d 822; People v. Pimental, 189 A.D.2d 788; see also People v. Sharkey, 41 A.D.2d 1018).