Opinion
1145 KA 19-02153
12-23-2020
The PEOPLE of the State of New York, Respondent, v. Kirt D. NICE, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT. LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT.
LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of, inter alia, grand larceny in the fourth degree ( Penal Law § 155.30 [8] ), defendant contends that his waiver of the right to appeal is not valid and that the sentence is unduly harsh and severe. Defendant's challenge to the severity of the sentence is moot inasmuch as he has completed serving his sentence (see People v. Mackey , 79 A.D.3d 1680, 1681, 913 N.Y.S.2d 622 [4th Dept. 2010], lv denied 16 N.Y.3d 860, 923 N.Y.S.2d 422, 947 N.E.2d 1201 [2011] ; People v. Werner , 71 A.D.3d 1456, 1456-1457, 895 N.Y.S.2d 922 [4th Dept. 2010], lv denied 15 N.Y.3d 758, 906 N.Y.S.2d 831, 933 N.E.2d 230 [2010] ; People v. Griffin , 239 A.D.2d 936, 936, 659 N.Y.S.2d 613 [4th Dept. 1997] ), and we therefore need not reach defendant's contention with respect to the alleged invalidity of the waiver of the right to appeal (see People v. Seppe , 188 A.D.3d 1716, 132 N.Y.S.3d 914, 2020 N.Y. Slip Op. 06888, *1 [4th Dept. 2020] ; People v. Bald , 34 A.D.3d 1362, 1362, 823 N.Y.S.2d 741 [4th Dept. 2006] ).