Opinion
109892
07-02-2020
The PEOPLE of the State of New York, Respondent, v. Ronald A. MCLEAN, Appellant.
Rural Law Center of New York, Castleton (Keith F. Schockmel of counsel), for appellant. Gary M. Pasqua, District Attorney, Canton (Jamie Biondolillo of counsel), for respondent.
Rural Law Center of New York, Castleton (Keith F. Schockmel of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Jamie Biondolillo of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Clark, Pritzker and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Lynch, J. Appeal from a judgment of the County Court of St. Lawrence County (Champagne, J,), rendered October 10, 2017, which revoked defendant's probation and imposed a sentence of imprisonment.
Defendant pleaded guilty to attempted assault in the second degree and waived his right to appeal. County Court sentenced defendant to 180 days in jail and five years of probation. Thereafter, defendant was charged with, and ultimately admitted to, violating the terms of his probation. County Court then revoked probation and imposed a sentence of 1 to 3 years in prison. Defendant appeals.
Defendant's challenge to the underlying conviction, specifically that the waiver of indictment was jurisdictionally defective, cannot be raised on appeal from the judgment resentencing him following the revocation of his probation (see People v. Morton, 173 A.D.3d 1445, 1445–1446, 103 N.Y.S.3d 683 [2019], lv denied 34 N.Y.3d 935, 109 N.Y.S.3d 757, 133 N.E.3d 464 [2019] ; People v. Pozzi, 117 A.D.3d 1325, 1325, 986 N.Y.S.2d 669 [2014] ). Furthermore, defendant's contention that the resentence is harsh and excessive is moot, inasmuch as he has completed his sentence during the pendency of this appeal (see People v. King, 178 A.D.3d 1126, 1127, 111 N.Y.S.3d 571 [2019] ; People v. Jones, 139 A.D.3d 1237, 1238, 30 N.Y.S.3d 579 [2016], lv denied 28 N.Y.3d 932, 40 N.Y.S.3d 360, 63 N.E.3d 80 [2016] ; People v. Pozzi, 117 A.D.3d at 1325, 986 N.Y.S.2d 669 ).
Egan Jr., J.P, Clark, Pritzker and Reynolds Fitzgerald, JJ., concur. ORDERED that the judgment is affirmed.