Opinion
2013-05-23
The PEOPLE of the State of New York, Respondent, v. Jestin RUSSELL, Appellant.
Pamela A. Fairbanks, Ithaca, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent.
Pamela A. Fairbanks, Ithaca, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent.
Appeal from a judgment of the County Court of Broome County (Smith, J.), renderedJune 4, 2009, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2004, defendant pleaded guilty to attempted assault in the second degree and was sentenced to five years of probation. In 2009, defendant pleaded guilty to violating his probation, probation was revoked and he was ultimately sentenced to 1 1/3 to 4 years in prison. Defendant appeals, seeking a reduction of the sentence imposed.
This Court has been advised by the People that defendant has reached the maximum expiration date of his sentence and has been released. Accordingly, the matter is moot and the appeal must be dismissed ( see People v. La Motte, 285 A.D.2d 814, 817, 728 N.Y.S.2d 582 [2001];People v. Durham, 248 A.D.2d 820, 823, 670 N.Y.S.2d 235 [1998],lv. denied91 N.Y.2d 972, 672 N.Y.S.2d 851, 695 N.E.2d 720 [1998] ).
ORDERED that the appeal is dismissed, as moot, without costs.