Opinion
May 1, 1997
Appeal from the County Court of Montgomery County (Sise, J.).
Petitioner contends that he is entitled to be released from respondent's custody due to the People's failure to communicate their readiness for trial of the misdemeanor charge within 30 days from the commencement of said custody ( see, CPL 30.30 [b]). Inasmuch as petitioner has been released from prison as a result of pleading guilty to the crime of petit larceny and being sentenced to time served, this appeal is moot ( see, People ex rel. Scott v. Campbell, 211 A.D.2d 925, lv denied 86 N.Y.2d 805).
Mikoll, J.P., Mercure, Casey, Yesawich Jr. and Carpinello, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.