Opinion
2014-07-16
The PEOPLE, etc., respondent, v. Thomas J. CHISHOLM II, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated July 1, 2010, which denied his motion for resentencing pursuant to CPL 440.46 on his convictions of criminal possession of a controlled substance in the third degree (two counts) and criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on April 29, 1999.
ORDERED that the appeal is dismissed as academic.
The defendant contends that the County Court erred in denying his motion for resentencing pursuant to CPL 440.46 on the ground that he was ineligible for that relief because he had been paroled and then reincarcerated for violating his parole ( cf. People v. Paulin, 17 N.Y.3d 238, 929 N.Y.S.2d 36, 952 N.E.2d 1028). Because the maximum term of the defendant's sentence expired during the pendency of this appeal, the defendant's appeal has been rendered academic ( see People v. Paulin, 17 N.Y.3d at 242, 929 N.Y.S.2d 36, 952 N.E.2d 1028;People v. Verdejo, 112 A.D.3d 761, 976 N.Y.S.2d 407;People v. Hernandez, 108 A.D.3d 640, 641, 968 N.Y.S.2d 384). SKELOS, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.