PEOPLE v. LYNCH (2020)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Aaron LYNCH, Appellant.

2017-1752 K CR

Decided: November 20, 2020

PRESENT: : THOMAS P. ALIOTTA, P.J., BERNICE D. SIEGAL, WAVNY TOUSSAINT, JJ

Appellate Advocates (Hannah Zhao of counsel), for appellant. Kings County District Attorney (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

ORDERED that the appeal is dismissed as academic.

Defendant's conviction of criminal possession of marihuana in the fifth degree (former Penal Law § 221.10 [1]) “became a nullity by operation of law, independently of any appeal, and without requiring any action by this [c]ourt,” pursuant to CPL 160.50 (5), effective August 28, 2019 (People v. Disano, 67 Misc 3d 131[A], 2020 NY Slip Op 50439[U] [App Term, 1st Dept 2020]). Consequently, the appeal is dismissed as academic (see id.; People v. Williams, 65 Misc 3d 154[A], 2019 NY Slip Op 51908[U] [App Term, 1st Dept 2019]; People v. Taite, 65 Misc 3d 137[A], 2019 NY Slip Op 51671[U] [App Term, 1st Dept 2019]).

ALIOTTA, P.J., SIEGAL and TOUSSAINT, JJ., concur.

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