People v. Scott

Full title: The People of the State of New York, Respondent, v. Tracy Scott, Appellant.

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Jul 27, 2017

2017 N.Y. Slip Op. 50983 (N.Y. App. Term 2017)

63 N.Y.S.3d 306

Opinion

07-27-2017

The People of the State of New York, Respondent, v. Tracy Scott, Appellant.

Mark Specthrie, Esq., for appellant District Attorney Orange County (Andrew R. Kass, Esq.), for respondent

JAMES V. BRANDS, J.P., BRUCE E. TOLBERT, JERRY GARGUILO, JJ

PRESENT: :

Mark Specthrie, Esq., for appellant

District Attorney Orange County (Andrew R. Kass, Esq.), for respondent

Appeal from two amended judgments of the Justice Court of the Town of Wallkill, Orange County (Peter W. Green, J.), rendered April 6, 2016. Each amended judgment, after a hearing, revoked a sentence of three years' probation that had been imposed by the same court to run concurrently with the sentence imposed upon the other judgment of conviction, upon a finding that defendant had violated the conditions thereof, and imposed a term of 10 months' imprisonment to run consecutively with the term of imprisonment imposed by the other amended judgment, upon his previous conviction of a charge of petit larceny, upon his plea of guilty.

ORDERED that the appeal is dismissed.

Defendant appeals from two amended judgments, each of which resentenced him to a term of 10 months' imprisonment to run consecutively with the term of imprisonment imposed by the other amended judgment, upon his previous conviction of a charge of petit larceny, upon his plea of guilty, based upon a determination, after a hearing, that he had violated the terms and conditions of his probation. As defendant has served the sentences imposed, the appeal has been rendered moot (see People v Lizza, 46 AD3d 705 [2007]; People v Lesson, 32 AD3d 1083 [2006]; People v Rainey, 50 Misc 3d 142[A], 2016 NY Slip Op 50207[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]). Since there is no recurring issue of public interest which would otherwise escape appellate review, dismissal is appropriate (see People v Contrano, 274 AD2d 760 [2000]; People v Smith, 50 Misc 3d 134[A], 2016 NY Slip Op 50043[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]).

Accordingly, the appeal is dismissed.

BRANDS, J.P., TOLBERT and GARGUILO, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: July 27, 2017