People v Santiago
2010 NY Slip Op 07072 [77 AD3d 407]
October 5, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


The People of the State of New York, Respondent,
v
Nydia Santiago, Appellant.

—[*1] 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.

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.

Since defendant has been released on parole and is not in custody, she is not presently eligible for resentencing (see CPL 440.46 [1]). Concur—Saxe, J.P., Nardelli, McGuire, Freedman and Abdus-Salaam, JJ.