THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JEROME THAGARD DEFENDANT APPELLANT (2014)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEROME A. THAGARD, DEFENDANT–APPELLANT.

KA 11–02372

Decided: March 28, 2014

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: We are advised that, by order dated December 9, 2013, Supreme Court granted defendant's motion to vacate the judgment of conviction pursuant to CPL 440.10. Thus, defendant's direct appeal from the judgment of conviction must be dismissed as moot (see People v. Mills, 5 AD3d 1051, 1051; see also People v. James, 212 A.D.2d 822, 822; People v. Pimental, 189 A.D.2d 788, 788).

Frances E. Cafarell

Clerk of the Court

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