Opinion
No. 2011–1227 S CR.
2012-06-29
The PEOPLE of the State of New York, Respondent, v. Suzanne BUTTERFIELD, Appellant.
Appeal from an amended judgment of the District Court of Suffolk County, First District (Jennifer A. Henry, J.), rendered April 14, 2011. The amended judgment, insofar as appealed from as limited by the brief, upon revoking defendant's sentence of probation, on a finding, after a hearing, that defendant had violated conditions thereof, resentenced defendant to a term of one year's incarceration upon her previous conviction of driving while intoxicated.
Present: MOLIA, J.P., IANNACCI and LaSALLE, JJ.
ORDERED that the appeal is dismissed.
Defendant's sole argument on appeal is that the amended judgment which resentenced defendant to a year's incarceration was unduly harsh and excessive. The appeal is dismissed because issues relating to the validity of defendant's sentence are moot since defendant has served her sentence ( see People v. McLaine, 64 N.Y.2d 934 [1985];People v. Tomassi, 32 Misc.3d 129[A], 2011 N.Y. Slip Op 51306[U] [App Term, 9th & 10th Jud Dists 2011] ).