People v. Brink (134 A.D.3d 1392, 2015)

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Ontario County Court (Craig J. Doran, J.), dated December 18, 2013. The order denied the motion of defendant pursuant to CPL 440.10.

It is hereby ordered that said appeal is unanimously dismissed as academic (see People v Wilson, 5 NY3d 778, 779 n [2005]). Present — Scudder, P.J., Smith, Carni, Lindley and Valentino, JJ.