Opinion
2014-01-22
The PEOPLE, etc., respondent, v. Juan GONZALEZ, appellant.
Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Deborah E. Wassel of counsel), for respondent.
Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Deborah E. Wassel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Knopf, J.), imposed January 13, 2010, pursuant to CPL 440.46, upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on April 24, 2002. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the appeal is dismissed as academic; and it is further,
ORDERED that assigned counsel's application for leave to withdraw as counsel is denied as academic.
Inasmuch as the maximum term of the defendant's resentence expired during the pendency of this appeal, “any issues which relate to the length of his [re]sentence are academic” (People v. Conklin, 46 A.D.3d 698, 846 N.Y.S.2d 916; see People v. Reyes, 74 N.Y.2d 837, 838, 546 N.Y.S.2d 343, 545 N.E.2d 633). RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.