Opinion
2000-06539
Submitted March 22, 2001.
September 10, 2002.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered June 13, 2000, convicting him of criminal possession of a weapon in the third degree (two counts) and criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. By decision and order dated May 14, 2001, this court reversed the judgment, granted that branch of the defendant's motion which was to suppress physical evidence, and dismissed the indictment (People v. Farrow, 283 A.D.2d 515). By order dated April 30, 2002, the Court of Appeals reversed the decision and order of this court, and remitted the matter to this court for further proceedings (People v. Farrow, 98 N.Y.2d 629).
Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Matthew E. B. Brotmann and Richard Longworth Hecht of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
Motion by the respondent to dismiss the appeal on the ground that the defendant is not available to obey the mandate of the court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that motion is granted, and the appeal is dismissed (see People v. Vasquez, 196 A.D.2d 516).
SANTUCCI, J.P., FLORIO, H. MILLER and SCHMIDT, JJ., concur.