People v Phelps, 2011 NY Slip Op 06941 [88 AD3d 458]

October 4, 2011

Appellate Division, First Department

— [*1]

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. Concur — Andrias, J.P., Friedman, Renwick, Richter and Manzanet-Daniels, JJ. Motion to dismiss appeal as moot granted..