Opinion
2013-12-11
The PEOPLE, etc., respondent, v. Mike YORK, appellant.
Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Robert Ho on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Robert Ho on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (R. Guzman, J.), imposed May 22, 2012, upon his conviction of manslaughter in the first degree and criminal possession of a weapon in the third degree (two counts), the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on June 30, 1999. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 in which she moves for leave to withdraw as counsel for the appellant.
ORDERED that the appeal is dismissed as academic; and it is further,
ORDERED that assigned counsel's application for leave to withdraw as counsel is dismissed as academic.
Inasmuch as the resentence was vacated by a subsequent order of the Supreme Court during the pendency of this appeal, the appeal has been rendered academic ( see People v. Middleton, 90 A.D.3d 951, 952, 934 N.Y.S.2d 814; People v. Harrison, 51 A.D.3d 816, 817, 857 N.Y.S.2d 701; People v. Fredericks, 48 A.D.3d 827, 829, 851 N.Y.S.2d 651). RIVERA, J.P., HALL, ROMAN and COHEN, JJ., concur.