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The People of the State of New York v. Joseph Sudol

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


January 20, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOSEPH SUDOL, APPELLANT.

People v Sudol (Joseph)

Decided on January 20, 2011

Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 20, 2011

PRESENT: NICOLAI, P.J., TANENBAUM and LaCAVA, JJ

Appeal from an amended judgment of the City Court of New Rochelle, Westchester County (Preston S. Scher, J.), rendered September 24, 2008. The amended judgment revoked a sentence of probation previously imposed by the same court, upon a finding that defendant had violated a condition thereof, upon defendant's admission, and resentenced him to a one-year term of imprisonment on the prior conviction of criminal possession of a controlled substance in the third degree.

ORDERED that the appeal is dismissed.

The appeal is dismissed since any issues relating to the validity of the amended sentence are moot, as defendant has served the sentence (see People v McLaine, 64 NY2d 934 [1985]; People v Scivolette, 16 Misc 3d 126[A], 2007 NY Slip Op 51211[U] [App Term, 9th & 10th Jud Dists 2007]).

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur. Decision Date: January 20, 2011

20110120

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