Opinion
1077 KA 21-00061
01-28-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KRISTEN N. DEMAY, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JANE I. YOON OF COUNSEL), FOR DEFENDANT-APPELLANT. JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JANE I. YOON OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
Appeal from a judgment of the Orleans County Court (Sanford A. Church, J.), rendered November 24, 2020. The judgment convicted defendant, upon her plea of guilty, of petit larceny.
It is hereby ORDERED that said appeal is unanimously dismissed.
Memorandum: On appeal from a judgment convicting her, upon her plea of guilty, of petit larceny (Penal Law § 155.25), defendant contends that her waiver of the right to appeal is invalid and that her sentence is unduly harsh and severe. Because defendant has completed serving the sentence imposed, her contention with respect to the severity of the sentence is moot, and we therefore need not reach her contention with respect to the validity of the waiver of the right to appeal (see People v Seppe, 188 A.D.3d 1716, 1716 [4th Dept 2020]; People v Swick, 147 A.D.3d 1346, 1346 [4th Dept 2017], lv denied 29 N.Y.3d 1001 [2017]; People v Bald, 34 A.D.3d 1362, 1362 [4th Dept 2006]).