People v Rodriguez

People v Rodriguez 2010 NY Slip Op 04514 [73 AD3d 660] May 27, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

The People of the State of New York, Respondent,
v
Benjamin Rodriguez, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Appeal from judgment of resentence, Supreme Court, New York County (Thomas Farber, J.), rendered February 5, 2009, resentencing defendant, as a second felony offender, to a term of eight years, with five years' postrelease supervision, unanimously dismissed as moot, in that Supreme Court has granted defendant's motion to set aside the resentence. Concur—Tom, J.P., Friedman, Nardelli, Acosta and Abdus-Salaam, JJ.

Motion to dismiss appeal as moot granted.