| People v Amma |
| 2012 NY Slip Op 04037 [95 AD3d 1561] |
| May 24, 2012 |
| Appellate Division, Third Department |
| 1—The People of the State of New York, Respondent, v L.Amir A. Varick Amma, Formerly Known as Anthony Williams,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered January 14, 2010 inAlbany County, which resentenced defendant following his conviction of the crime of criminalsale of a controlled substance in the third degree.
In 1992, defendant was sentenced as a second felony offender to 12½ years to life inprison upon his conviction of criminal possession of a controlled substance in the second degree.At the same time, he was sentenced, again as a second felony offender, to 12½ to 25 yearsin prison upon his conviction of criminal sale of a controlled substance in the third degree. Thesesentences were directed to run consecutively, resulting in defendant having to serve an aggregateterm of 25 years to life in prison. Thereafter, defendant made a pro se motion for resentencingpursuant to CPL 440.46. County Court granted the motion, vacated the sentence imposed withrespect to criminal sale of a controlled substance in the third degree and resentenced defendanton that crime to seven years in prison, to be followed by three years of postrelease supervision, torun consecutively to the other sentence. Defendant appeals.
Appellate counsel has advised this Court that defendant was released from custody as a resultof the resentencing on March 23, 2010. In view of this, his appeal from the resentencing is moot(see People v Messier, 43 AD3d1205, 1206 [2007]; People vDavis, 31 AD3d 896, 897 [2006]).[*2]
Peters, P.J., Mercure, Rose, Kavanagh and Stein, JJ.,concur. Ordered that the appeal is dismissed, as moot.