People v. Moore

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEVI MOORE, Appellant

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

Date published: Feb 5, 1998

247 A.D.2d 228 (N.Y. App. Div. 1998)

668 N.Y.S.2d 356

Opinion

Decided February 5, 1998

Appeal from the Supreme Court, New York County (Alfred Donati, J.).

Since defendant has been discharged from parole, his request for specific performance of a promised sentence or discretionary reduction of the sentence is moot (Executive Law § 259-j). In any event, the enhanced sentence was appropriate since defendant violated the terms of his plea agreement.

Concur — Nardelli, J. P., Wallach, Williams and Mazzarelli, JJ.