Opinion
4130.
Decided on October 27, 2011.
Appeal from order, Supreme Court, Bronx County (John P. Collins, J.), entered July 23, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously deemed withdrawn.
Robert S. Dean, Center for Appellate Litigation, New York, (Mark W. Zeno of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), for respondent.
Tom, J.P., Saxe, Acosta, Freedman, 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-4130 — People v Ramon Arroyo, etc.
Motion to withdraw appeal and for amendment of orders granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.