People v Sanabria, 2018 NY Slip Op 00317 [157 AD3d 829]

January 17, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Christina Sanabria, Appellant.

Covington & Burling LLP, New York, NY (Alan Vinegrad, Gregory S. Nieberg, Daniel A. Nazar, and Jordan S. Joachim of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant, by permission, from an order of the County Court, Dutchess County (Forman, J.), dated March 15, 2016, which, without a hearing, denied her motion pursuant to CPL 440.10 to vacate a judgment of the same court (Dolan, J.), rendered June 15, 2007, convicting her of assault in the first degree and assault in the second degree (two counts), upon her plea of guilty, and imposing sentence.

Ordered that the appeal from the order is dismissed as academic in light of our determination granting the defendant’s application for a writ of error coram nobis and reversing the judgment of conviction ( see People v Sanabria , 157 AD3d 828 [2018] [decided herewith]). Rivera, J.P., Hall, Roman and Christopher, JJ., concur..