| People v Verdejo |
| 2013 NY Slip Op 08282 [112 AD3d 761] |
| December 11, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Raymond Verdejo, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and LindaBreen 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 pursuantto CPL 440.46 on his convictions of criminal sale of a controlled substance in or nearschool grounds, criminal sale of a controlled substance in the third degree, and criminalpossession of a controlled substance in the third degree, which sentence was originallyimposed, upon his plea of guilty, on December 2, 1999. Assigned counsel has submitteda brief in accordance with Anders v California, (386 US 738 [1967]), in whichshe 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 isdismissed as academic.
Inasmuch as the maximum term of the defendant's sentence expired during thependency of this appeal, the appeal has been rendered academic (see People v Paulin, 17 NY3d238, 242 [2011]; People vHernandez, 108 AD3d 640, 641 [2013]; People v Middleton, 90 AD3d 951, 952 [2011]; People v Garner, 83 AD3d862 [2011]). Mastro, J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.