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People v. Yusuf

Supreme Court of New York, First Department

October 10, 2013

The People of the State of New York, Respondent,
v.
Malik Yusuf, also known as Yusuf Ashford, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Tom, J.P., Sweeny, Saxe, Freedman, Clark, JJ.

Appeal from judgment of resentence, Supreme Court, New York County (Daniel P. Conviser, J.), rendered July 24, 2012, resentencing defendant, as a second felony drug offender, to an aggregate term of 3 1/2 years, unanimously dismissed as moot.

Since defendant has completed his entire sentence, including postrelease supervision, his claim of improper resentencing is moot (see People v Hults, 231 A.D.2d 836 [3d Dept 1996]), and we do not find that the exception to the mootness doctrine applies. In any event, defendant's claim is unavailing.


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