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People v. Russell

Supreme Court of New York, Third Department

May 23, 2013

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JESTIN RUSSELL, Appellant.

Calendar Date: April 3, 2013

Pamela A. Fairbanks, Ithaca, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent.

Before: Lahtinen, J.P., Stein, Spain and Garry, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 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 In 2009, defendant pleaded guilty to violating his probation, probation was revoked and he was ultimately sentenced to 1⅓ to 4 years in prison.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 [2001]; People v Durham, 248 A.D.2d 820, 823 [1998], lv denied 91 N.Y.2d 972 [1998]).

Lahtinen, J.P., Stein, Spain and Garry, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.


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