Opinion
No. 2023-50978 570738/16
09-18-2023
The People of the State of New York, Respondent, v. Thomas Wreh, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Steven J. Hornstein, J.), rendered October 4, 2015, convicting him, upon a plea of guilty, of criminal sale of marijuana in the fourth degree, and imposing sentence.
Appeal from judgment of conviction (Steven J. Hornstein, J.), rendered October 4, 2015, dismissed as academic.
Defendant's October 4, 2015 conviction for criminal sale of marijuana in the fourth degree (see Penal Law § 221.40) has been automatically vacated and dismissed, and rendered legally invalid by operation of law (see CPL 160.50[3][k][iii],[5]). Thus, defendant's claims with respect to that conviction are academic (see e.g. People v Taite, 65 Misc.3d 137 [A] [App Term, 1st Dept 2019], lv denied 34 N.Y.3d 1082 [2019]).