Opinion
April 15, 1994
Appeal from the Onondaga County Court, Mulroy, J.
Present — Pine, J.P., Lawton, Callahan, Doerr and Davis, JJ.
Appeal from judgment insofar as it imposes sentence unanimously dismissed and judgment affirmed. Memorandum: The record indicates that, following entry of the judgment appealed from, defendant moved pursuant to CPL 440.20 (1) to set aside the sentence on the ground that it was invalid as a matter of law. That motion was granted, defendant was resentenced, and he has separately appealed from that judgment. Therefore, the judgment appealed from insofar as it imposes sentence has been superseded by the judgment resentencing defendant (see, People v Boscana, 114 A.D.2d 316; People v Cicero, 100 A.D.2d 627; see also, People v Rosenfeld [appeal No. 1], 187 A.D.2d 965, lv denied 81 N.Y.2d 892).