Opinion
2013-12-11
The PEOPLE, etc., respondent, v. Raymond VERDEJO, appellant.
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel; Gregory Musso on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel; Gregory Musso on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (J. Goldberg, J.), entered July 29, 2011, which denied his motion for resentencing pursuant to CPL 440.46 on his convictions of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on December 2, 1999. 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 she 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 dismissed as academic.
Inasmuch as the maximum term of the defendant's sentence expired during the pendency of this appeal, the appeal has been rendered academic ( see People v. Paulin, 17 N.Y.3d 238, 242, 929 N.Y.S.2d 36, 952 N.E.2d 1028; People v. Hernandez, 108 A.D.3d 640, 641, 968 N.Y.S.2d 384; People v. Middleton, 90 A.D.3d 951, 952, 934 N.Y.S.2d 814; People v. Garner, 83 A.D.3d 862, 920 N.Y.S.2d 687). MASTRO, J.P., BALKIN, SGROI and HINDS–RADIX, JJ., concur.