Opinion
7455 Ind. 2356/89
10-25-2018
The PEOPLE of the State of New York, Respondent, v. Elias BELTRAN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Scott H. Henney of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Scott H. Henney of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.
Friedman, J.P., Kapnick, Webber, Oing, Moulton, JJ.
Appeal from order, Supreme Court, Bronx County (Ethan Greenberg, J.), entered on or about March 30, 2017, which denied defendant's CPL 440.20 motion to set aside his sentence, unanimously dismissed, as moot.
Because defendant challenges only the aggregate minimum prison term of his two consecutive sentences of 15 years to life, his appeal was rendered moot by his release on parole on September 6, 2018 (after the briefs were filed). There is no basis for applying the exception to the mootness doctrine (see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–15, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ). Furthermore, defendant's challenge to his sentence is procedurally barred (see CPL 440.20[2] ).