| People v Gonzalez |
| 2014 NY Slip Op 00377 [113 AD3d 792] |
| January 22, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Juan Gonzalez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Deborah E. Wassel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County(Knopf, J.), imposed January 13, 2010, pursuant to CPL 440.46, upon his conviction ofcriminal sale of a controlled substance in the third degree, which sentence was originallyimposed, upon his plea of guilty, on April 24, 2002. Assigned counsel has submitted abrief in accordance with Anders v California (386 US 738 [1967]) in which hemoves 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 isdenied as academic.
Inasmuch as the maximum term of the defendant's resentence expired during thependency of this appeal, "any issues which relate to the length of his [re]sentence areacademic" (People vConklin, 46 AD3d 698, 698 [2007]; see People v Reyes, 74 NY2d 837,838 [1989]). Rivera, J.P., Dickerson, Leventhal and Hall, JJ., concur.