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People v. Davis

Supreme Court, Appellate Division, Second Department, New York.
May 4, 2022
205 A.D.3d 731 (N.Y. App. Div. 2022)

Opinion

2020–00292 S.C.I. No. 262/17

05-04-2022

The PEOPLE, etc., respondent, v. Megan I. DAVIS, appellant.

Del Atwell, East Hampton, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Anna Katharina Diehn of counsel), for respondent.


Del Atwell, East Hampton, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Anna Katharina Diehn of counsel), for respondent.

HECTOR D. LASALLE, P.J., SHERI S. ROMAN, LINDA CHRISTOPHER, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Edward T. McLouglin, J.), rendered December 16, 2019, revoking a sentence of probation previously imposed by the same court, upon a finding that she violated conditions thereof, upon her admission, and imposing a sentence of imprisonment upon her previous conviction of operating a motor vehicle while under the influence of alcohol.

ORDERED that the amended judgment is affirmed.

Inasmuch as the defendant has completed the imposed sentence, the defendant's contention that the sentence is excessive has been rendered academic (see People v. Valentin, 173 A.D.3d 1227, 1227, 100 N.Y.S.3d 909 ; People v. Raad, 166 A.D.3d 907, 908, 85 N.Y.S.3d 873 ; People v. Stockinger, 131 A.D.3d 550, 14 N.Y.S.3d 712 ).

The defendant's contention that defense counsel was ineffective is without merit (see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ).

LASALLE, P.J., ROMAN, CHRISTOPHER and DOWLING, JJ., concur.


Summaries of

People v. Davis

Supreme Court, Appellate Division, Second Department, New York.
May 4, 2022
205 A.D.3d 731 (N.Y. App. Div. 2022)
Case details for

People v. Davis

Case Details

Full title:The PEOPLE, etc., respondent, v. Megan I. DAVIS, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: May 4, 2022

Citations

205 A.D.3d 731 (N.Y. App. Div. 2022)
205 A.D.3d 731

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