People v Santiago

2010 NY Slip Op 07072 [77 AD3d 407]

October 5, 2010

Appellate Division, First Department

As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent, v NydiaSantiago, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), forappellant.

Robert T. Johnson, District Attorney, Bronx (Marc S. Sherman of counsel), forrespondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered February 11, 2010, whichdenied, on the ground of ineligibility, defendant's CPL 440.46 motion to be resentenced, unanimouslyaffirmed.

Since defendant has been released on parole and is not in custody, she is not presently eligible forresentencing (see CPL 440.46 [1]). Concur—Saxe, J.P., Nardelli, McGuire, Freedmanand Abdus-Salaam, JJ.