People v Cwalinski, 2016 NY Slip Op 05166 [140 AD3d 1185]

June 29, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Kamil Cwalinski, Appellant.

Robert C. Mitchell, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cohen, J.), rendered September 13, 2013, as amended December 4, 2014, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

As asserted by the People and correctly conceded by the appellant, the further proceedings that took place in this case on December 4, 2014, have rendered the issues raised in the appellant’s brief academic. Accordingly, the judgment, as amended December 4, 2014, must be affirmed ( cf. Padilla v Kentucky , 559 US 356 [2010]; People v Peque , 22 NY3d 168 [2013]). Balkin, J.P., Chambers, Cohen and Maltese, JJ., concur..