Opinion
April 30, 1992
Appeal from the County Court of Madison County (Humphreys, J.).
Following violation of probation hearings, defendant was found to have broken certain conditions of his probation, his probation was revoked and he was resentenced to a one-year term of incarceration. On this appeal he challenges various evidentiary rulings and the harshness of this sentence. Inasmuch as defendant completed the maximum term of his sentence on October 9, 1991, his appeal has been rendered moot (see, Matter of Hamm v Regan, 34 N.Y.2d 992, 993; Matter of Rodriguez v Hongisto, 78 A.D.2d 921, 921-922). And because it is well settled that probation violation hearings are summary in nature and do not trigger the strict evidentiary rules available to a defendant in a criminal action (People v Morton, 142 A.D.2d 763, 764; see, CPL 410.70), defendant's appeal does not present a recurring issue of public interest which would otherwise escape appellate review. Dismissal is accordingly appropriate (see, People ex rel. Rodriguez v LeFevre, 84 A.D.2d 661; cf., Matter of Gross v Henderson, 79 A.D.2d 1086, 1086-1087, lv denied 53 N.Y.2d 605).
Mikoll, J.P., Mercure, Mahoney and Harvey, JJ., concur. Ordered that the appeal is dismissed, as moot.