PEOPLE v. CLAYTON

Mugglin, J.

Defendant pleaded guilty to forgery in the second degree with the expectation that he would be sentenced to a prison term of 2 to 4 years. Prior to sentencing, however, he was arrested and charged with assaulting a police officer. County Court, following an inquiry, determined that, inasmuch as there was a legitimate basis for defendant's arrest, it was not bound by the terms of the negotiated plea agreement and it sentenced defendant to a prison term of 3½ to 7 years ( see People v Outley, 80 NY2d 702, 712-714). On this appeal, defendant asserts that the subsequent dismissal of the assault charge against him requires this Court to remit the matter for a new hearing at which time the agreed-upon 2-to 4-year sentence could be imposed.

Inasmuch as the People have informed this Court that defendant was resentenced on January 4, 2007 to a prison term of 2 to 4 years, "the initial sentence has been superceded and any issue with respect to sentencing on this appeal is now moot" ( People v Gannon, 2 AD3d 1214, 1214).

Ordered that the appeal is dismissed, as moot.