Opinion
Nos. 3294, 3295.
October 5, 2010.
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.
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.
Before: Saxe, J.P., Nardelli, McGuire, Freedman and Abdus-Salaam, JJ.
Since defendant has been released on parole and is not in custody, she is not presently eligible for resentencing ( see CPL 440.46).