Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Meryl Berkowitz, an Acting Justice of the Supreme Court, Nassau County, to determine the petitioner's motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered November 16, 2016, in an action entitled People v Rodriguez, commenced in that court under indictment No. 1902/15. Motion by the respondent to dismiss the proceeding, inter alia, as academic.
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