Ordered that the appeal from so much of the judgment as convicted the defendant of criminal possession of marihuana in the fifth degree is dismissed as academic; and it is further,
Ordered that the judgment is affirmed insofar as reviewed.
The defendant's conviction of criminal possession of marihuana in the fifth degree "`became a nullity by operation of law, independently of any appeal, and without requiring any action by this [c]ourt,'" pursuant to CPL...
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