Opinion
2011-04-19
The PEOPLE, etc., respondent, v. Brandon Lee ELMENDORF, appellant.
Michael G. Paul, New City, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Michael G. Paul, New City, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Dutchess County (Hayes, J.), imposed December 22, 2008, which, upon his conviction of assault in the second degree, upon his plea of guilty, imposed a term of postrelease supervision in addition to the determinate term of imprisonment previously imposed on September 24, 2003.
ORDERED that the appeal is dismissed as academic.
The sole issue presented on appeal is the defendant's challenge to the legality of the term of postrelease supervision the County Court imposed at resentencing, pursuant to Correction Law § 601–d, after he had been released from prison upon completing his determinate term of imprisonment ( see People v. Williams, 14 N.Y.3d 198, 899 N.Y.S.2d 76, 925 N.E.2d 878,cert. denied, ––– U.S. ––––, 131 S.Ct. 125, 178 L.Ed.2d 242). The record indicates that the challenged term of postrelease supervision has expired. Accordingly, the appeal must be dismissed as academic ( see People v. Garner, ––– A.D.3d ––––, 920 N.Y.S.2d 687, [2d Dept. 2011];cf. Matter of Johnson v. Pataki, 91 N.Y.2d 214, 222, 668 N.Y.S.2d 978, 691 N.E.2d 1002;Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876;People v. John, 288 A.D.2d 848, 849, 732 N.Y.S.2d 505; People v. Rodriguez, 269 A.D.2d 613, 704 N.Y.S.2d 822;People v. Young, 253 A.D.2d 676, 677 N.Y.S.2d 469;People v. Hults, 231 A.D.2d 836, 647 N.Y.S.2d 474;People v. Hernandez, 166 A.D.2d 609, 560 N.Y.S.2d 895;People v. Dukes, 156 A.D.2d 959, 549 N.Y.S.2d 255).