People v. Smiley

Appeal from judgment of resentence, Supreme Court, New York County (Gregory Carro, J.), rendered October 27, 2008, as amended November 19, 2008, resentencing defendant to a term of seven years, with five years’ postrelease supervision, unanimously dismissed as moot, in that Supreme Court has granted defendant’s motion to *460set aside the resentence. Concur—Friedman, J.P., Nardelli, Moskowitz, Freedman and Manzanet-Daniels, JJ.

Motion to dismiss appeal as moot granted.