Opinion
(1378) KA 99-05337.
November 9, 2001.
(Appeal from Judgment of Monroe County Court, Bristol, J. — Criminal Possession Weapon, 3rd Degree.)
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, KEHOE AND BURNS, JJ.
Appeal unanimously dismissed.
Memorandum:
Contrary to the People's contention, the challenge of defendant to the legality of the minimum period of the indeterminate sentence of imprisonment survives his waiver of the right to appeal ( see, People v. Seaberg, 74 N.Y.2d 1, 9). That challenge, however, was rendered moot by defendant's conditional release ( see, People v. Meli, 142 A.D.2d 938, 939, lv denied 72 N.Y.2d 921; see generally, People v. Hamilton, 214 A.D.2d 783).