Opinion
5542.
Decided on October 27, 2011.
Appeal from order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about August 6, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously dismissed as moot.
Robert S. Dean, Center for Appellate Litigation, New York, (Barbara Zolot of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Saxe, J.P., Friedman, Acosta, DeGrasse, Abdus-Salaam, JJ.
This appeal is moot because Supreme Court has granted defendant's renewed motion for resentencing.
M-4156 Motion to dismiss appeal granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.