Opinion
2015-1587 K CR
04-12-2019
The PEOPLE of the State of New York, Respondent, v. Tyric BRADLEY, Appellant.
Appellate Advocates (Meredith S. Holt of counsel), for appellant. Kings County District Attorney (Leonard Joblove and Amy Appelbaum of counsel), for respondent.
Appellate Advocates (Meredith S. Holt of counsel), for appellant.
Kings County District Attorney (Leonard Joblove and Amy Appelbaum of counsel), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
ORDERED that the appeal is dismissed.
Defendant pleaded guilty to petit larceny ( Penal Law § 155.25 ). On June 9, 2015, in accordance with the terms of the plea agreement, defendant was sentenced to a split sentence of a 30-day jail term and three years' probation. Defendant has since served his entire sentence, including the period of probation. On appeal, defendant contends that his sentence of probation was excessive. However, issues relating to the validity of a sentence are moot where, as here, the defendant has completed the sentence (see People v. McLaine , 64 NY2d 934 [1985] ; People v. Tomassi , 32 Misc 3d 129[A], 2011 NY Slip Op 51306[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]; People v. Hughes , 12 Misc 3d 128[A], 2006 NY Slip Op 50919[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2006] ). We note that if the appeal were not being dismissed as moot, we would find no basis to reduce the sentence (see e.g. People v. Colin , 56 Misc 3d 141[A], 2017 NY Slip Op 51119[U] [App Term, 2d Dept, 2d, 11th, & 13th Jud Dists 2017]; People v. Jimenez , 54 Misc 3d 139[A], 2017 NY Slip Op 50156[U] [App Term, 2d Dept, 2d, 11th, & 13th Jud Dists 2017] ).
Accordingly, the appeal is dismissed.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.