People v. Burnell

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE BURNELL…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Mar 22, 2006

2006 N.Y. Slip Op. 50411 (N.Y. App. Term 2006)

816 N.Y.S.2d 699

Opinion

570167/03.

Decided March 22, 2006.

Defendant appeals from a judgment of the Criminal Court, New York County (Judith A. Levitt, J.), rendered December 3, 2002, convicting him, upon a plea of guilty, of criminal trespass in the second degree, and imposing sentence.

Judgment of conviction (Judith A. Levitt, J.) rendered December 3, 2002, affirmed.

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ

PER CURIAM:

Inasmuch as defendant completed the sentence imposed, any issue concerning the absence of a pre-sentence report has been rendered academic ( see People v. Darby, 304 AD2d 672, lv denied 100 NY2d 580).

This constitutes the decision and order of the court.

I concur.