Torts · MBE-tested

The People of the State of New York, Respondent, v. Christina Sanabria, Appellant

157 A.D.3d 82966 N.Y.S.3d 641·New York Supreme Court, Appellate Division·2018·NY

Rivera, J.P., Hall, Roman and Christopher, JJ., concur.

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Opinion

The People of the State of New York, Respondent, v Christina Sanabria, Appellant. [66 NYS3d 641] [MAJORITY] 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.