Opinion
2002-675 W CR.
Decided November 21, 2003.
Appeal by defendant from an amended judgment of the City Court, City of New Rochelle, Westchester County (V. Rippa, J.), rendered April 10, 2002, revoking a sentence of probation previously imposed by the court upon a finding, after a hearing, that he had violated a condition thereof, and imposing sentence.
Appeal unanimously dismissed.
PRESENT: DOYLE, P.J., LIFSON and RUDOLPH, JJ.
After defendant was sentenced to a term of probation, the court held a hearing and determined that defendant violated the terms of his probation. As a result, the court revoked defendant's probation and imposed a sentence which consisted of imprisonment. Although defendant appeals from the determination that he violated the terms of his probation, he has completed the sentence imposed. Thus, defendant's appeal has been rendered moot and because there is not a "recurring issue of public interest which would otherwise escape appellate review, dismissal is appropriate" ( People v. Contrano, 274 AD2d 760, 761; People v. Anderson, 197 AD2d 749, 750; see also People v. Hamilton, 214 AD2d 783; People v. Angle, 182 AD2d 1028; People v. Brian O., 83 AD2d 857). However, if defendant's appeal had not been rendered moot, we would have found that there was sufficient evidence to support the court's conclusion that defendant violated the terms of his probation ( see People v. Matula, 258 AD2d 670).