Opinion
102
May 6, 2003.
Appeal, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered April 29, 2002, which affirmed a judgment of the Westchester County Court (Barbara G. Zambelli, J.), rendered upon a verdict convicting defendant of attempted murder in the second degree.
People v. Chi Fong Chen, 293 A.D.2d 755, affirmed.
Submitted by Donald D. duBoulay, for appellant.
Submitted by Laurie Sapakoff, for respondent.
Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
MEMORANDUM:
The order of the Appellate Division insofar as it affirmed defendant's conviction should be affirmed and the appeal should otherwise be dismissed for mootness. The Appellate Division correctly determined that, as a matter of law, defendant's counsel was not ineffective (see People v. Benevento, 91 N.Y.2d 708, 713-714). Defendant's claims regarding sentencing were rendered academic by defendant's re-sentencing subsequent to the Appellate Division order appealed from.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order, insofar as it affirmed so much of County Court's judgment as convicted defendant of attempted murder in the second degree, affirmed; appeal, from so much of the Appellate Division order as affirmed defendant's sentence, dismissed as moot, in a memorandum.