Opinion
948 KA 20-00691
02-02-2024
The PEOPLE of the State of New York, Respondent, v. William L. MCMULLEN, IV, Defendant-Appellant.
ANDREW G. MORABITO, EAST ROCHESTER, FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.
ANDREW G. MORABITO, EAST ROCHESTER, FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., LINDLEY, BANNISTER, OGDEN, AND DELCONTE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of two counts of aggravated harassment of an employee by an inmate (Penal Law former § 240.32), defendant contends that his waiver of the right to appeal is 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. Bald , 34 A.D.3d 1362, 1362, 823 N.Y.S.2d 741 [4th Dept. 2006] ; see People v. Seppe , 188 A.D.3d 1716, 1716, 132 N.Y.S.3d 914 [4th Dept. 2020] ). We therefore need not reach defendant's contention with respect to the alleged invalidity of the waiver of the right to appeal.