Opinion
March 18, 1991
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the appeal is dismissed, without costs or disbursements, as academic.
Since the respondent Mazzitelli has now been free pursuant to the judgment appealed from for a longer period than any asserted unexpired sentence, the issue sought to be raised by the appellant has been rendered academic (see, Matter of Green v Hammock, 70 A.D.2d 226; see also, People v Cavelli, 50 N.Y.2d 919). Kooper, J.P., Lawrence, Harwood and Balletta, JJ., concur.