Opinion
2015-1341 S CR
02-21-2019
The PEOPLE of the State of New York, Respondent, v. Duncan F. BRUCE-ROSS, Appellant.
Glenn Gucciardo, for appellant. Suffolk County District Attorney (Lauren Tan of counsel), for respondent.
Glenn Gucciardo, for appellant. Suffolk County District Attorney (Lauren Tan of counsel), for respondent.
PRESENT: TERRY JANE RUDERMAN, J.P., BRUCE E. TOLBERT, JERRY GARGUILO, JJ
ORDERED that the appeal is dismissed.
Defendant appeals from an amended judgment resentencing him to a term of 10 months' incarceration, upon his prior conviction of criminal contempt in the second degree ( Penal Law § 215.50 [3] ), based upon a determination that he had violated conditions of his probation. Defendant contends that the finding that he violated conditions of his probation was not supported by a preponderance of the evidence, that he was denied an opportunity to be heard, and that the sentence imposed was excessive. However, as defendant has served the sentence imposed, the appeal has been rendered moot (see People v. Concepcion , 41 Misc 3d 1 [App Term, 2d Dept, 9th & 10th Jud Dists 2013] ). Since defendant's contentions do not represent "recurring issue[s] of public interest which would otherwise escape appellate review," dismissal is appropriate ( People v. Baker , 100 AD3d 1154, 1155 [2012] ; see People v. Contrano , 274 AD2d 760, 761 [2000] ; People v. Smith , 50 Misc 3d 134[A], 2016 NY Slip Op 50043[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]; People v. Hoebich , 42 Misc 3d 128[A], 2013 NY Slip Op 52151[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013] ). Were we not to dismiss the appeal as moot, we would affirm (see People v. Rosales , 55 Misc 3d 55 [App Term, 2d Dept, 2d, 11th, & 13th Jud Dists 2017]; People v. Campos , 42 Misc 3d 23 [App Term, 2d Dept, 9th & 10th Jud Dists 2013] ).
Accordingly, the appeal is dismissed.
RUDERMAN, J.P., TOLBERT and GARGUILO, JJ., concur.