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People v. Smith

120 A.D.3d 720 Court N.Y. App. Div. Decision date 2014-08-20 English

Judges Balkin, J.E, Austin, LaSalle and Barros, JJ., concur.

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p. 720
The People of the State of New York, Respondent, v Joseph Smith, Appellant.
[990 NYS2d 884]

Appeal by the defendant from an order of the Supreme Court, Kings County (Chun, J.), entered April 19, 2012, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on October 24, 2002.

Motion by the respondent to dismiss the appeal on the ground that the appeal has been rendered academic.

Ordered that the motion is granted; and it is further,

Ordered that the appeal is dismissed as academic.

Inasmuch as the maximum term of the defendant’s sentence expired during the pendency of this appeal, the appeal has been rendered academic (see People v Paulin, 17 NY3d 238 , 242 [2011]; People v Verdejo, 112 AD3d 761 , 761 [2013]; People v Hernandez, 108 AD3d 640 , 641 [2013]).

Balkin, J.E, Austin, LaSalle and Barros, JJ., concur.

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