Opinion
2020–03882 Ind. No. 19–00171
11-24-2021
The PEOPLE, etc., respondent, v. Luis Fernando GUERRO–BUESO, appellant.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel; Meghan E. Garvey on the brief), for respondent.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel; Meghan E. Garvey on the brief), for respondent.
CHERYL E. CHAMBERS, J.P. ROBERT J. MILLER LARA J. GENOVESI DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered January 6, 2020, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the appeal is dismissed as academic.
The defendant's contention that the sentence imposed was excessive has been rendered academic, since the maximum expiration date of his sentence has passed (see People v. Reyes–Lopez, 189 A.D.3d 1269, 134 N.Y.S.3d 218 ; People v. Vasquez, 170 A.D.3d 758, 93 N.Y.S.3d 573 ).
CHAMBERS, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.