Legal Opinion

People v. Garner

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 2011PublishedCited by 8 opinions

1Opinion of the Court

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 AD2d 609, 610 [1990]). Prudenti, P.J., Dillon, Balkin and Sgroi, JJ., concur.

2Cases cited1 opinion

  1. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by8 opinions

  1. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. ElmendorfAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. VerdejoAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. MiddletonAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. GagliardoAppellate Division of the Supreme Court of the State of New York · 2011

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