People v Tankleff

2007 NY Slip Op 10187 [46 AD3d 846]

December 18, 2007

Appellate Division, Second Department

As corrected through Wednesday, February 13, 2008

The People of the State of New York,Respondent, v Martin Tankleff, Appellant.

—[*1]Clifford Chance US LLP, New York, N.Y. (Warren L. Feldman, Scott J. Splittgerber,and Jason C. Spiro of counsel), Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York,N.Y. (Mark F. Pomerantz of counsel), Baker Botts LLP, Washington, D.C. (Stephen L. Bragaand Courtney G. Saleski of counsel), Law Offices of Bruce A. Barket, P.C., Garden City, N.Y.,Wilmer, Cutler, Pickering, Hale and Dorr LLP, Washington, D.C. (Jennifer M. O'Connor ofcounsel), and Kelley Drye & Warren LLP, Washington, D.C. (Barry J. Pollack of counsel), forappellant (one brief filed).

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Leonard Lato of counsel), forrespondent.

Appeal by the defendant, by permission, from an order of the County Court, Suffolk County(Braslow, J.), dated March 17, 2006, which denied his motion pursuant to CPL 440.10 (1) (h) tovacate a judgment of the same court (Tisch, J.) rendered October 23, 1990, convicting him ofmurder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the appeal is dismissed as academic in light of our determination of the appealfrom an order of the same court also dated March 17, 2006, denying, after a hearing, thedefendant's motion, inter alia, pursuant to CPL 440.10 (1) (g) and (h) to vacate the judgment(see People v Tankleff, 46 AD3d 846 [2007] [decided herewith]). Rivera, J.P., Krausman,Florio and Dillon, JJ., concur.