PEOPLE v. WREH (2023)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Thomas WREH, Defendant-Appellant.

570738 /16

Decided: September 18, 2023

PRESENT: Hagler, P.J., Brigantti, James, JJ.

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 NY3d 1082 [2019]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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