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PEOPLE v. MILLS

5 A.D.3d 1051 (2004)

773 N.Y.S.2d 684

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD F. MILLS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 19, 2004.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed.

Memorandum:

We are advised that, by order dated October 7, 2003, County Court granted defendant's motion to vacate the judgment of conviction pursuant to CPL 440.10. Thus, defendant's direct appeal from the judgment of conviction must be dismissed as moot (see People v James, 212 A.D.2d 822 [1995]; People v Pimental,

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