Opinion
No. 2010-02917.
April 12, 2011.
Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated March 12, 2010, which denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in or near school grounds, which sentence was originally imposed, upon his plea of guilty, on May 23, 2000.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Terrence F. Heller of counsel), for respondent.
Before: Prudenti, P.J., Dillon, Balkin and Sgroi, JJ.
Ordered that the appeal is dismissed.
Inasmuch as the defendant's sentence has expired ( see Executive Law § 259-j), the defendant's appeal is academic ( see People v Hernandez, 166 AD2d 609, 610).