Opinion
112338
03-23-2023
The PEOPLE of the State of New York, Respondent, v. Bryon DIBBLE, Appellant.
Theresa M. Suozzi, Saratoga Springs, for appellant. Elizabeth M. Crawford, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Theresa M. Suozzi, Saratoga Springs, for appellant.
Elizabeth M. Crawford, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Before: Garry, P.J., Clark, Aarons, Reynolds Fitzgerald and Ceresia, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Franklin County (Robert G. Main Jr., J.), rendered February 4, 2020, which revoked defendant's probation and imposed a period of incarceration.
In January 2019, defendant separately pleaded guilty to endangering the welfare of a child and reckless endangerment in the second degree and was sentenced to three years of probation subject to various terms and conditions. Approximately one year later, defendant was charged in two petitions with violating certain terms and conditions of his probation. Following a hearing, County Court revoked defendant's probation and sentenced him upon each violation to 364 days in the local jail – said periods of incarceration to run concurrently. Defendant appeals, contending only that the period of incarceration imposed was unduly harsh or severe.
The People have advised this Court – and defendant does not dispute – that defendant has completed serving his jail sentence, thereby rendering the instant appeal moot (see People v. McLean, 185 A.D.3d 1089, 1089, 124 N.Y.S.3d 883 [3d Dept. 2020] ; People v. Burks, 163 A.D.3d 1268, 1268, 81 N.Y.S.3d 665 [3d Dept. 2018], lv denied 34 N.Y.3d 1015, 114 N.Y.S.3d 751, 138 N.E.3d 480 [2019] ). Accordingly, the appeal must be dismissed.
Garry, P.J., Clark, Aarons, Reynolds Fitzgerald and Ceresia, JJ., concur.
ORDERED that the appeal is dismissed, as moot.