Opinion
No. 2013–2608 OR CR.
05-25-2016
The PEOPLE of the State of New York, Respondent, v. Matthew J. BEADLE, Appellant.
Appeal, as limited by the notice of appeal, from a resentence of the Justice Court of the Village of Harriman, Orange County (Christine K. Wienberg, J.), rendered October 17, 2013. The resentence, upon a revocation of a sentence of probation previously imposed by the same court, upon a finding, following a hearing, that defendant had violated a condition thereof, imposed a term of six months' incarceration, upon his previous conviction of driving while intoxicated (common law).
ORDERED that the appeal is dismissed.
Defendant appeals from a resentence imposing a six-month term of incarceration, upon his prior conviction of driving while intoxicated (common law) (Vehicle and Traffic Law § 1192[3] ), based upon a determination, after a hearing, that he had violated the terms and conditions of his probation. As defendant has served his sentence, the appeal has been rendered moot (see People v. Smith, 50 Misc.3d 134[A], 2016 N.Y. Slip Op 50043[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2016] ).
Accordingly, the appeal is dismissed.
IANNACCI, J.P., MARANO and TOLBERT, JJ., concur.