Opinion
September 18, 1989
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the appeal is dismissed as academic.
On April 11, 1988, the sentence imposed on February 24, 1987 was vacated and the defendant was resentenced to an indeterminate term of 1 1/3 to 4 years' imprisonment for his conviction of attempted criminal sale of a controlled substance in the third degree, following his plea of guilty to a violation of probation. Accordingly, this appeal is academic. Mollen, P.J., Bracken, Kunzeman and Rubin, JJ., concur.