The People, etc., respondent, v. Cleo Garner, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Cleo Garner, appellant.

2010–02917 (Ind.No. 9224 /99)

Decided: April 12, 2011

A. GAIL PRUDENTI, P.J. MARK C. DILLON RUTH C. BALKIN SANDRA L. SGROI, JJ.

Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Terrence F. Heller of counsel), for respondent.

Submitted—March 17, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated March 12, 2010, which denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in or near school grounds, which sentence was originally imposed, upon his plea of guilty, on May 23, 2000.

ORDERED that the appeal is dismissed.

Inasmuch as the defendant's sentence has expired (see Executive Law § 259–j), the defendant's appeal is academic (see People v. Hernandez, 166 A.D.2d 609, 610).

PRUDENTI, P.J., DILLON, BALKIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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