Opinion
KA 01-02292.
February 11, 2004.
Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered October 5, 2001. The judgment revoked defendant's probation and imposed a sentence of imprisonment.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JESSAMINE I. JACKSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (STEVEN MEYER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed.
Memorandum: Defendant appeals from a judgment sentencing him to a definite term of incarceration of one year upon a finding, based on his admission, that he violated the conditions of his probation imposed upon his conviction of criminal trespass in the second degree (Penal Law § 140.15). By this appeal, defendant seeks review of that underlying conviction. However, any contentions relating to the underlying conviction are not properly before this Court "inasmuch as there is no notice of appeal from the original judgment . . . nor is there otherwise any indication in the record that an appeal from that judgment was perfected" ( People v. Brown, 307 A.D.2d 759, 759; see People v. Reddy, 227 A.D.2d 961, lv denied 88 N.Y.2d 1024; People v. Gavadin, 219 A.D.2d 863, lv denied 87 N.Y.2d 901; People v. Ferrin, 197 A.D.2d 882, 883, lv denied 76 N.Y.2d 788). The remaining contention of defendant, as limited by his brief, is that the sentence imposed is harsh and excessive. Because defendant has completed serving that sentence, his appeal is moot ( see People v. Griffin, 239 A.D.2d 936; see also People v. Contrano, 274 A.D.2d 760). Because there is no recurring issue of public interest that would otherwise escape appellate review, dismissal is appropriate ( see Contrano, 274 A.D.2d at 761; People v. Anderson, 197 A.D.2d 749, lv denied 82 N.Y.2d 921).