
    The People of the State of New York, Respondent, v John Sierra, Appellant.
    [900 NYS2d 864]
   Appeal from judgment of resentence, Supreme Court, New York County (Arlene Silver-man, J.), rendered December 3, 2008, resentencing defendant to a term of five years, with 3V2 years of postrelease supervision, unanimously dismissed as moot, in that Supreme Court has granted defendant’s motion to set aside the resentence. Concur—Mazzarelli, J.P., Sweeny, Catterson, Renwick and Manzanet-Daniels, JJ.

Motion to dismiss appeal as moot granted.  