People v. Chisholm

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated July 1, 2010, which denied his motion for resentencing pursuant to CPL 440.46 on his convictions of criminal possession of a controlled substance in the third degree (two counts) and criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on April 29, 1999.

Ordered that the appeal is dismissed as academic.

The defendant contends that the County Court erred in denying his motion for resentencing pursuant to CPL 440.46 on the ground that he…