People v. Fuentes
85 A.D.3d 690, 925 N.Y.S.2d 830
Procedural entryThis page is a short order in People v. Fuentes. Read the opinion of the Court — 106 A.D.3d 1279 →
Opinion
Appeal from order, Supreme Court, Bronx County (John E Collins, J.), entered February 11, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously dismissed as moot.
Defendant was released on parole during the pendency of this appeal and is not currently in custody. Therefore, he lost his eligibility for resentencing (see CPL 440.46 [1]). Accordingly, his appeal is moot (see People v Orta, 73 AD3d 452 [2010], lv denied 15 NY3d 755 [2010]). Concur — Tom, J.P., Saxe, Catterson, Moskowitz and Acosta, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
People v. Fuentes, 85 A.D.3d 690, 925 N.Y.S.2d 830 (N.Y. Ct. App. 2011).
85 A.D.3d 690 (People v. Fuentes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
People v. Orta
73 A.D.3d 452 (Appellate Division of the Supreme Court of New York, 2010)