NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
June 3, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
KEVIN SMILEY, DEFENDANT-APPELLANT.
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 7 years, with 5 years' post-release supervision, unanimously dismissed as moot, in that Supreme Court has granted defendant's motion to set aside the resentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Friedman, J.P., Nardelli, Moskowitz, Freedman, Manzanet-Daniels, JJ.
M-2120 -Motion to dismiss appeal as moot granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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