People v. Garner
This text of 83 A.D.3d 862 (People v. Garner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
83 A.D.3d 862, 920 N.Y.S.2d 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garner-nyappdiv-2011.