Opinion
2017-12140, 2017-12141, 2017-12142, 2017-12143 Ind. Nos. 1122/16, 6891/16, 4912/17; Dkt. No. 51233/16
10-12-2022
The PEOPLE, etc., respondent, v. Gregory CALIXTE, appellant.
Patricia Pazner, New York, NY (Sean H. Murray of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel; Darci Siegel on the memorandum), for respondent.
Patricia Pazner, New York, NY (Sean H. Murray of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel; Darci Siegel on the memorandum), for respondent.
VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from four sentences of the Supreme Court, Kings County (Martin Murphy, J.), all imposed August 14, 2017, under Indictment Nos. 1122/16, 6891/16, 4912/17, and under Kings County Docket No. 51223/16, respectively, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the appeal from the sentence imposed under Kings County Docket No. 51223/16 is dismissed as academic; and it is further,
ORDERED that the sentences imposed under Indictment Nos. 1122/16, 6891/16, and 4912/17 are affirmed.
The defendant has completed the term of imprisonment imposed upon his conviction of petit larceny under Kings County Docket No. 51223/16 and, thus, his contention that the sentence imposed on this conviction was excessive has been rendered academic (see People v. Zapata, 205 A.D.3d 740, 165 N.Y.S.3d 737 ; People v. Davis, 205 A.D.3d 731, 165 N.Y.S.3d 702 ; People v. Stockinger, 131 A.D.3d 550, 14 N.Y.S.3d 712 ).
With respect to the remaining three sentences, the period of postrelease supervision imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BRATHWAITE NELSON, J.P., RIVERA, MALTESE and GENOVESI, JJ., concur.