People v Garner
2011 NY Slip Op 03083 [83 AD3d 862]
April 12, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent,
v
Cleo Garner, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Terrence F. Heller of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated March 12, 2010, which denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in or near school grounds, which sentence was originally imposed, upon his plea of guilty, on May 23, 2000.

Ordered that the appeal is dismissed.

Inasmuch as the defendant's sentence has expired (see Executive Law § 259-j), the defendant's appeal is academic (see People v Hernandez, 166 AD2d 609, 610 [1990]). Prudenti, P.J., Dillon, Balkin and Sgroi, JJ., concur.