Opinion
April 6, 1995
Appeal from the County Court of Tompkins County (Sherman, J.).
On May 1, 1992, defendant was convicted of insurance fraud in the fourth degree and sentenced to a five-year term of probation. Following a hearing, defendant was found to have violated the restitution condition of his probation and was resentenced to an eight-month term of imprisonment. Defendant appeals. Inasmuch as defendant has completed the sentence imposed, his appeal has been rendered moot. Dismissal is appropriate because "defendant's appeal does not present a recurring issue of public interest which would otherwise escape appellate review" (People v Anderson, 197 A.D.2d 749, 750, lv denied 82 N.Y.2d 921). In any event, were we not to dismiss the appeal as moot, we would affirm because we find that his contentions lack merit.
Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, as moot.