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State v. Sokolowski

Appellate Division of the Supreme Court of New York, Third Department
Feb 8, 2007
37 A.D.3d 906 (N.Y. App. Div. 2007)

Opinion

No. 100086.

February 8, 2007.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered March 9, 2006, convicting defendant upon her plea of guilty of the crime of rape in the third degree.

Jaime C. Louridas, Schenectady, for appellant.

Derek P. Champagne, District Attorney, Malone, for respondent.

Before: Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ.


In satisfaction of a three-count indictment, defendant pleaded guilty to rape in the third degree. County Court advised defendant of the potential sentencing options, but did not promise a specific sentence as part of the plea agreement. She was subsequently sentenced to 270 days in jail and she now appeals.

Defendant's sole argument is that her sentence is harsh and excessive and that she should have been sentenced to a 10-year period of probation instead of incarceration. However, inasmuch as defendant has completed serving her jail term, her appeal is now moot ( see People v Hamilton, 214 AD2d 783).

Ordered that the appeal is dismissed, as moot.


Summaries of

State v. Sokolowski

Appellate Division of the Supreme Court of New York, Third Department
Feb 8, 2007
37 A.D.3d 906 (N.Y. App. Div. 2007)
Case details for

State v. Sokolowski

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KERRY SOKOLOWSKI…

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

Date published: Feb 8, 2007

Citations

37 A.D.3d 906 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1017
827 N.Y.S.2d 891