Appellate Division of the Supreme Court of the State of New York February 3, 2009 (People v. Coste)

Appeal from a judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered September 23, 2004, dismissed as moot. Motion to discontinue appeal granted to the extent indicated. No opinion. Order filed. Concur—Mazzarelli, J.P., Saxe, Buckley and Catterson, JJ.