People v Phelps

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People v Phelps 2011 NY Slip Op 06941 Decided on October 4, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 4, 2011
Andrias, J.P., Friedman, Renwick, Richter, Manzanet-Daniels, JJ.
309/99 -4096

[*1]5620 & The People of the State of New York, Respondent,

v

Jason Phelps, also known as Michael McKinney, Defendant-Appellant.



 
Robert S. Dean, Center for Appellate Litigation, New York
(Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin
of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about June 29, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously dismissed, as moot.

This appeal is moot because Supreme Court has granted defendant's renewed motion for resentencing.
M-4096 - Motion to dismiss appeal as moot granted.

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