Opinion
2011-12-20
The PEOPLE, etc., respondent, v. Clyde MIDDLETON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle Fenn of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle Fenn of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Knopf, J.), imposed November 19, 2009, pursuant to CPL 440.46, upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, after a nonjury trial, on March 10, 2004. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which she moves for leave to withdraw as counsel for the appellant.
ORDERED that the appeal is dismissed as academic; and it is further,
ORDERED that assigned counsel's application for leave to withdraw as counsel is dismissed as academic.
Inasmuch as the maximum term of the defendant's resentence expired during the pendency of this appeal, the appeal has been rendered academic ( see People v. Paulin, 17 N.Y.3d 238, 242, 929 N.Y.S.2d 36, 952 N.E.2d 1028; People v. Garner, 83 A.D.3d 862, 920 N.Y.S.2d 687).