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PEOPLE v. FUENTES

5485, 206/03.

85 A.D.3d 690 (2011)

925 N.Y.S.2d 830

2011 NY Slip Op 5632

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO FUENTES, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2011.

Defendant was released on parole during the pendency of this appeal and is not currently in custody. Therefore, he lost his eligibility for resentencing (see CPL 440.46 [1]). Accordingly, his appeal is moot (see People v Orta, 73 A.D.3d 452 [2010], lv denied 15 N.Y.3d 755

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