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People v. Price

Supreme Court of New York, Third Department

January 9, 2014

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
WALTER PRICE, Appellant.

Calendar Date: November 22, 2013.

Matthew C. Hug, Troy, for appellant.

D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

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

MEMORANDUM AND ORDER

STEIN, J.

Appeal from a judgment of the County Court of Ulster County (McGinty, J.), rendered September 6, 2011, which resentenced defendant following his conviction of the crimes of criminal sexual act in the first degree and conspiracy in the fourth degree.

Upon his plea of guilty to the crimes of criminal sexual act in the first degree and conspiracy in the fourth degree, defendant was sentenced to concurrent prison sentences of six years with five years of postrelease supervision, and 1⅓ to 4 years, respectively. He moved pursuant to CPL article 440 for, among other things, resentencing based upon County Court's (Bruhn, J.) failure to order a presentence investigation report. The motion was granted to that extent, and defendant requested at the resentencing hearing that he be sentenced as a youthful offender. County Court (McGinty, J.) denied that request and sentenced him to the same periods of incarceration and postrelease supervision as were previously imposed.

Defendant now challenges the denial of his request to be resentenced as a youthful offender; however, the appeal has been rendered moot by this Court's decision in People v Price (___ A.D.3d ___ [appeal Nos. 102435, 103756, 104253 decided herewith]) reversing the convictions underlying the resentencing and vacating defendant's guilty plea (see People v Sinha, 84 A.D.3d 35, 46 [2011], affd 19 N.Y.3d 932 [2012]).

Lahtinen, J.P., McCarthy and Garry, JJ., concur.

ORDERED that the appeal is dismissed, as moot.


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