Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings and a new determination of the defendant's motion.
The defendant appeals from an order denying his motion to be resentenced pursuant to CPL 440.46. Contrary to the People's contention, the defendant's release to parole during the pendency of this appeal does not render the appeal academic (see People v Santiago, ___ NY3d ___...
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