| People v Velez |
| 2014 NY Slip Op 02966 [116 AD3d 1077] |
| April 30, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Irving Velez, Appellant. |
—[*1] Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove andThomas M. Ross of counsel; Gregory Musso on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County(Sullivan, J.), dated February 9, 2011, which denied his motion to be resentencedpursuant to CPL 440.46 on his conviction of criminal possession of a controlledsubstance in the third degree, which sentence was originally imposed, upon his plea ofguilty, on February 20, 2003. Assigned counsel has submitted a brief in accordance withAnders v California (386 US 738 [1967]), in which she moves for leave towithdraw 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 sentence expired during thependency of this appeal, "any issues which relate to the length of his sentence areacademic" (People vConklin, 46 AD3d 698, 698 [2007]; see People v Gonzalez, 113 AD3d 792 [2014]). Rivera,J.P., Dickerson, Cohen, Hinds-Radix and Maltese, JJ., concur. [Prior Case History:2011 NY Slip Op 30881(U).]