Opinion
1208 KA 16–01293
06-29-2018
The PEOPLE of the State of New York, Respondent, v. M. Robert NEULANDER, Defendant–Appellant. (Appeal No. 2.)
SHAPIRO ARATO LLP, NEW YORK CITY (ALEXANDRA A.E. SHAPIRO OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
SHAPIRO ARATO LLP, NEW YORK CITY (ALEXANDRA A.E. SHAPIRO OF COUNSEL), FOR DEFENDANT–APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is dismissed.
Same memorandum as in People v. Neulander , (appeal No. 1), 162 A.D.3d 1763, ––– N.Y.S.3d ––––, 2018 WL 3194902 (June 29, 2018) (4th Dept. 2018).
All concur except SMITH and WINSLOW , JJ., who dissent and vote to affirm in accordance with the same dissenting memorandum as in People v. Neulander , (appeal No. 1), 162 A.D.3d 1763, ––– N.Y.S.3d ––––, 2018 WL 3194902 (June 29, 2018) (4th Dept. 2018).