People v Santiago, 2010 NY Slip Op 07072 [77 AD3d 407]

October 5, 2010

Appellate Division, First Department

— [*1]

Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Marc S. Sherman of counsel), for respondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered February 11, 2010, which denied, on the ground of ineligibility, defendant’s CPL 440.46 motion to be resentenced, unanimously affirmed.

Since defendant has been released on parole and is not in custody, she is not presently eligible for resentencing ( see CPL 440.46 [1]). Concur—Saxe, J.P., Nardelli, McGuire, Freedman and Abdus-Salaam, JJ..