Opinion
2002-04345
Submitted March 19, 2003.
April 14, 2003.
Appeal by the defendant from an amended judgment of the County Court, Putnam County (Miller, J.), rendered May 9, 2002, revoking a sentence of probation previously imposed by the same court (Braatz, J.), upon her admission that she violated a condition thereof, and imposing a sentence of imprisonment upon her previous conviction of driving while intoxicated.
Salvatore C. Adamo, New York, N.Y., for appellant.
Kevin L. Wright, District Attorney, Carmel, N.Y. (Mary Jane MacCrae of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the amended judgment is affirmed.
The defendant's claim of ineffective assistance of counsel is without merit (see People v Benevento, 91 N.Y.2d 708). In addition, the defendant's admission to the violation of probation was knowingly, voluntarily, and intelligently made (see People v. Harris, 61 N.Y.2d 9).
Since the defendant has completed the sentence imposed, the issue of whether that sentence was excessive has been rendered academic (see People v. Waddy, 240 A.D.2d 521).
SANTUCCI, J.P., KRAUSMAN, McGINITY, SCHMIDT and CRANE, JJ., concur.