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People v. Gagliardo

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2011
85 A.D.3d 943 (N.Y. App. Div. 2011)

Opinion

No. 2009-01266.

June 14, 2011.

Appeal by the defendant from a resentence of the County Court, Dutchess County (Dolan, J.), imposed January 20, 2009, which, upon his conviction of sexual abuse in the first degree, upon a jury verdict, imposed a term of postrelease supervision in addition to the determinate term of imprisonment previously imposed on April 19, 2002.

Salvatore C. Adamo, New York, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Before: Skelos, J.P., Dickerson, Hall, Austin and Miller, JJ.


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 that the County Court imposed at resentencing, pursuant to Correction Law § 601-d. The record indicates that the challenged term of postrelease supervision has expired. Accordingly, the appeal has been rendered academic ( see People v Elmendorf, 83 AD3d 959; cf. People v Garner, 83 AD3d 862).


Summaries of

People v. Gagliardo

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2011
85 A.D.3d 943 (N.Y. App. Div. 2011)
Case details for

People v. Gagliardo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURIZIO GAGLIARDO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 14, 2011

Citations

85 A.D.3d 943 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5296
925 N.Y.S.2d 343

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