Appellate Division of the Supreme Court of New York, 2011

People v. Garner

People v. Garner
Appellate Division of the Supreme Court of New York · Decided April 12, 2011
83 A.D.3d 862; 920 N.Y.S.2d 687
People v. Garner

Cases that cite this one

8 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated March 12, 2010, which denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in or near school grounds, which sentence was originally imposed, upon his plea of guilty, on May 23, 2000.

Ordered that the appeal is dismissed.

Inasmuch as the defendant’s sentence has expired (see Executive Law § 259-j), the defendant’s appeal is academic (see People v Hernandez, 166 AD2d 609, 610 [1990]). Prudenti, P.J., Dillon, Balkin and Sgroi, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.