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People v. Linn

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
May 7, 2021
2021 N.Y. Slip Op. 2940 (N.Y. App. Div. 2021)

Opinion

468 KA 18-01837

05-07-2021

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ALEC W. LINN, DEFENDANT-APPELLANT.

LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.


PRESENT:

LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Ontario County Court (Brian D. Dennis, J.), rendered July 3, 2018. The judgment revoked defendant's sentence of probation and imposed a sentence of incarceration.

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction, following his plea of guilty, of aggravated family offense (Penal Law § 240.75 [1]) and sentencing him to a term of incarceration. Defendant's sole contention is that the sentence is unduly harsh and severe. Because defendant has completed serving that sentence, his appeal is moot (see People v Pompeo, 151 AD3d 1949, 1950 [4th Dept 2017], lv denied 29 NY3d 1132 [2017]).

Entered: May 7, 2021

Mark W. Bennett

Clerk of the Court


Summaries of

People v. Linn

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
May 7, 2021
2021 N.Y. Slip Op. 2940 (N.Y. App. Div. 2021)
Case details for

People v. Linn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ALEC W. LINN…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: May 7, 2021

Citations

2021 N.Y. Slip Op. 2940 (N.Y. App. Div. 2021)