Opinion
2014-343 OR CR
01-08-2016
The People of the State of New York, Respondent, v. Alexander Stewart, Appellant.
PRESENT: :
Appeals by defendant, as limited by his brief, from sentences of the City Court of Middletown, Orange County (Steven W. Brockett, J.), imposed February 10, 2014, upon his conviction of two separate charges of petit larceny, upon his plea of guilty.
ORDERED that the appeals are dismissed as moot.
Defendant was charged in two separate accusatory instruments with petit larceny (Penal Law § 155.25), stemming from two different incidents. When defendant appeared in the City Court of Middletown, it was noted that he had multiple other unrelated charges pending, including two felonies. On November 18, 2013, defendant pleaded guilty to the two separate charges of petit larceny, in satisfaction of all the charges pending against him in the City Court, in exchange for promised sentences of 10 months' incarceration on the first charge of petit larceny, including credit for any time served, and a conditional discharge on the other charge of petit larceny. At sentencing, held on January 13, 2014, the court notified defendant that it could not credit him for time served, since he had been incarcerated on a previously imposed sentence in an unrelated matter arising out of the Town of Thompson. Sentencing was adjourned to February 10, 2014 at defendant's request, and, on that date, the City Court sentenced defendant to 10 months' incarceration on the first charge of petit larceny and a conditional discharge on the other charge of petit larceny. Over defendant's objection, the court did not credit defendant for time served. On appeal, defendant contends that the City Court erred in failing to fully impose the promised sentence, i.e., that he be credited for the time he had already served, and by failing to offer him the opportunity to withdraw his pleas as a result thereof. However, on these appeals, defendant requests only that this court "impose the promised sentence, modify his sentence downward to give him credit for any' time spent in [the] Orange County Jail, and/or remand this matter to City Court for a downward modification of his sentence."
Defendant is no longer incarcerated, having served out his sentences. Thus, since defendant is not requesting vacatur of his guilty pleas, these appeals are moot (see People v McLaine, 64 NY2d 934 [1985]; People v Moore, 247 AD2d 228 [1998]; People v Blair, 41 AD2d 649 [1973]).
Accordingly, the appeals are dismissed.
Tolbert, J.P., Iannacci and Connolly, JJ., concur.
Decision Date: January 08, 2016