
    The People of the State of New York, Respondent, v. Robert Lee Simmons, Appellant.
   Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 22, 1970, dismissed, as moot. The judgment was vacated and defendant was resentenced nunc pro tune on September 22, 1972. We have nevertheless considered defendant’s contentions and find them to be without merit. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.  