Opinion
2017-1899 Q CR
10-30-2020
The PEOPLE of the State of New York, Respondent, v. Barshawn FORD, Appellant.
Appellate Advocates (Samuel Barr of counsel), for appellant. Queens County District Attorney (John M. Castellano, Johnnette Traill and Hannah X. Scotti of counsel), for respondent.
Appellate Advocates (Samuel Barr of counsel), for appellant.
Queens County District Attorney (John M. Castellano, Johnnette Traill and Hannah X. Scotti of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., BERNICE D. SIEGAL, WAVNY TOUSSAINT, JJ
ORDERED that the appeal, insofar as is from so much of the judgment as convicted defendant of criminal possession of marihuana in the fifth degree and unlawful possession of marihuana, is dismissed as academic; and it is further,
ORDERED that the appeal, insofar as is from so much of the judgment as convicted defendant of double parking, is dismissed as abandoned.
Defendant was charged in a prosecutor's information with criminal possession of marihuana in the fifth degree (former Penal Law § 221.10 [1] ), unlawful possession of marihuana (former Penal Law § 221.05 ), and double parking ( Vehicle and Traffic Law § 1202 [1] [a] ). Defendant's September 13, 2017 convictions of criminal possession of marihuana in the fifth degree and unlawful possession of marihuana have been automatically "vacated and dismissed" and rendered "legally invalid," by operation of CPL 160.50 (5), which became effective on August 28, 2019. Thus, the appeal, insofar as is from so much of the judgment as convicted defendant of criminal possession of marihuana in the fifth degree and unlawful possession of marihuana, is dismissed as academic (see People v. Taite , 65 Misc 3d 137[A], 2019 NY Slip Op 51671[U] [App Term, 1st Dept 2019] ; see also People v. Disano , 67 Misc 3d 131[A], 2020 NY Slip Op 50439[U] [App Term, 1st Dept 2020] ; People v. Williams , 65 Misc 3d 154[A], 2019 NY Slip Op 51908[U] [App Term, 1st Dept 2019] ). Additionally, as defendant raises no issue with respect to his conviction of double parking, the appeal, insofar as is from so much of the judgment as convicted him of this offense, is dismissed as abandoned.
ALIOTTA, P.J., SIEGAL and TOUSSAINT, JJ., concur.