People v Neely, 2011 NY Slip Op 07573 [88 AD3d 618]

October 27, 2011

Appellate Division, First Department

— [*1]

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett 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 (Daniel P. Conviser, J.), rendered May 17, 2010, which denied, on grounds of ineligibility, defendant’s CPL 440.46 motion for resentencing, unanimously deemed withdrawn.

This appeal is moot because, in a subsequent order, Supreme Court found defendant eligible for consideration for resentencing but denied resentencing on the merits. Motion to withdraw appeal and for amendment of orders granted. Concur—Mazzarelli, J.P., Friedman, Catterson, Moskowitz and Abdus-Salaam, JJ.

[Prior Case History: 27 Misc 3d 1224(A), 2010 NY Slip Op 50875(U).].