Opinion
5673, 4342.
Decided on October 27, 2011.
Appeal from order, Supreme Court, New York County (Daniel P. Conviser, J.), rendered May 17, 2010, which denied, on grounds of ineligibility, defendant's CPL 440.46 motion for resentencing, unanimously deemed withdrawn.
Robert S. Dean, Center for Appellate Litigation, New York, (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Mazzarelli, J.P., Friedman, Catterson, Moskowitz, Abdus-Salaam, JJ.
This appeal is moot because, in a subsequent order, Supreme Court found defendant eligible for consideration for resentencing but denied resentencing on the merits.
M-4342 Motion to withdraw appeal and for amendment of orders granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.