PEOPLE v. AKBAR (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Appellant, v. Dareious AKBAR, Defendant-Respondent.

366 Decided: June 06, 2025

PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, NOWAK, AND HANNAH, JJ.

MICHAEL J. KEANE, DISTRICT ATTORNEY, BUFFALO (APRIL J. ORLOWSKI OF COUNSEL), FOR APPELLANT. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN E. MARKARIAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: The People appeal from an order that, inter alia, granted that part of defendant's omnibus motion seeking to dismiss counts 1 through 3 of the indictment based on the alleged legal insufficiency of the evidence before the grand jury. During the pendency of this appeal, defendant pleaded guilty to the remaining counts in the indictment. Defendant correctly contends, and the People correctly concede, that the appeal is moot (see People v. Moquin, 77 N.Y.2d 449, 455, 568 N.Y.S.2d 710, 570 N.E.2d 1059 [1991], rearg denied 78 N.Y.2d 952, 573 N.Y.S.2d 647, 578 N.E.2d 445 [1991]; see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980]), and the parties do not contend that this case falls within an exception to the mootness doctrine (see generally Hearst Corp., 50 N.Y.2d at 714-715, 431 N.Y.S.2d 400, 409 N.E.2d 876).

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