People v Smiley
2010 NY Slip Op 04713 [74 AD3d 459]
June 3, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


The People of the State of New York, Respondent,
v
Kevin Smiley, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Appeal from judgment of resentence, Supreme Court, New York County (Gregory Carro, J.), rendered October 27, 2008, as amended November 19, 2008, resentencing defendant to a term of seven years, with five years' postrelease supervision, unanimously dismissed as moot, in that Supreme Court has granted defendant's motion to set aside the resentence. Concur—Friedman, J.P., Nardelli, Moskowitz, Freedman and Manzanet-Daniels, JJ.

Motion to dismiss appeal as moot granted.