Opinion
2018–05444 Ind.No. 15–00009
10-23-2019
The PEOPLE, etc., Respondent, v. Christopher PELOSO, Appellant.
Thomas Theophilos, Buffalo, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel), for respondent.
Thomas Theophilos, Buffalo, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel), for respondent.
LEONARD B. AUSTIN, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER Appeal by the defendant, by permission, from an order of the County Court, Orange County (Robert H. Freehill, J.), dated March 5, 2018, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered June 5, 2017, convicting him of attempted aggravated assault upon a police officer or a peace officer, assault in the second degree (four counts), reckless endangerment in the first degree (eight counts), criminal mischief in the second degree (three counts), criminal mischief in the fourth degree, driving while intoxicated in violation of Vehicle and Traffic Law § 1192(2), driving while intoxicated in violation of Vehicle and Traffic Law § 1192(3), unlawful fleeing a police officer in a motor vehicle in the third degree, reckless driving, leaving the scene of an incident without reporting, and resisting arrest, after a nonjury trial, and imposing sentence.
ORDERED that the appeal is dismissed as academic.
The appeal has been rendered academic in light of our determination on the related appeal from the judgment rendered June 5, 2017 (see People v. Peloso, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 5406646 [Appellate Division Docket No. 2017–06986; decided herewith].
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.