| People v Garner |
| 2011 NY Slip Op 03083 [83 AD3d 862] |
| April 12, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v CleoGarner, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, andTerrence F. Heller of counsel), for respondent.
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 hisconviction of criminal sale of a controlled substance in or near school grounds, which sentencewas originally imposed, upon his plea of guilty, on May 23, 2000.
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 [1990]).Prudenti, P.J., Dillon, Balkin and Sgroi, JJ., concur.