Opinion
No. 2011-02784 Ind. No. 10491/2010
01-26-2022
The People, etc., respondent, v. Leo R. Tapia, appellant.
M281150 E/sl
MARK C. DILLON, J.P. VALERIE BRATHWAITE NELSON SYLVIA O. HINDS-RADIX PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, rendered October 26, 2010. By decision and order of this Court dated March 3, 2021, the matter was remitted to the Supreme Court, Queens County, to afford the appellant an opportunity to move to vacate his plea, and for a report thereafter on any such motion by the appellant, and the appeal was held in abeyance in the interim. Motion by the appellant, in effect, to withdraw the appeal on the ground that the judgment was vacated and the indictment was dismissed by order of the Supreme Court, Queens County, dated October 22, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal is deemed withdrawn.
DILLON, J.P., BRATHWAITE NELSON, HINDS-RADIX and WOOTEN, JJ., concur.