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People v. Bald

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 17, 2006
34 A.D.3d 1362 (N.Y. App. Div. 2006)

Opinion

No. KA 05-00100.

November 17, 2006.

Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered July 20, 2004. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the fourth degree.

Before: Present — Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.


It is hereby ordered that said appeal be and the same hereby is unanimously dismissed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of grand larceny in the fourth degree (Penal Law § 155.30), defendant contends that his waiver of the right to appeal was invalid and thus that his contention concerning the severity of his sentence is properly before us. "Because defendant has completed serving the sentence imposed, his contention that the sentence is unduly harsh and severe has been rendered moot" ( People v Benson, 6 AD3d 1173, 1173, lv denied 3 NY3d 636; see People v Parente, 4 AD3d 793; People v James, 269 AD2d 845, 846 [2000]), and we therefore need not reach defendant's contention with respect to the alleged invalidity of the waiver of the right to appeal.


Summaries of

People v. Bald

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 17, 2006
34 A.D.3d 1362 (N.Y. App. Div. 2006)
Case details for

People v. Bald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT BALD, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 17, 2006

Citations

34 A.D.3d 1362 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8583
823 N.Y.S.2d 741

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