People v. Orta

Appeal from order, Supreme Court, Bronx County (John E Collins, J.), entered December 2, 2009, which denied, on the ground of ineligibility, defendant’s CEL 440.46 motion to be resentenced, unanimously dismissed as moot.

Defendant contends that the motion court erred in concluding that, as a reincarcerated parole violator, defendant was ineligible for resentencing to a determinate sentence. Were we to accept that argument, the proper corrective action would be a remand to the motion court for a discretionary determination of the motion. However, during the pendency of this appeal, defendant…