| People v Backman |
| 2013 NY Slip Op 07524 [111 AD3d 1027] |
| November 14, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v ScottN. Backman, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
In 2003, defendant was convicted upon his plea of guilty of the crime of criminalsale of a controlled substance in the third degree and was thereafter sentenced, as asecond felony offender, to a prison term of 4½ to 9 years. Subsequently, in March2010, while on parole supervision, defendant violated the terms of his release and wasreturned to prison. In October 2010, defendant moved for resentencing seeking a reduceddeterminate sentence under the Drug Law Reform Act of 2009 (see L 2009, ch56, as codified in CPL 440.46). County Court denied the motion on the basis thatdefendant was ineligible to apply for resentencing because he was returned to prison on aparole violation. This appeal ensued.
Regardless of the People's concession that defendant's status as a reincarceratedparole violator did "not render him ineligible for resentencing as a matter of law" (People v Landy, 95 AD3d1448, 1448 [2012]; seePeople v Paulin, 17 NY3d 238, 244 [2011]), our review confirms that defendantreached the maximum expiration date of his sentence in March 2013 and, therefore, thesubject appeal must be dismissed as moot (see People v Paulin, 17 NY3d at 242;People v Hernandez, 108AD3d 640, 641 [2013]).[*2]
Lahtinen, J.P., Spain and Egan Jr., JJ., concur.Ordered that the appeal is dismissed, as moot.