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People v. Fiacco

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 2009
68 A.D.3d 1251 (N.Y. App. Div. 2009)

Opinion

No. 101820.

December 10, 2009.

Appeal from a judgment of the County Court of St. Lawrence County (Rogers, J.), rendered May 6, 2008, which revoked defendant's probation and imposed a sentence of incarceration.

Richard V. Manning, Parishville, for appellant.

Nicole M. Duve, District Attorney, Canton (Victoria M. Esposito of counsel), for respondent.

Before: Peters, J.P., Rose, Kane, Stein and McCarthy, JJ., concur.


After pleading guilty to the crime of attempted burglary in the third degree in December 2004, defendant was placed on probation. In May 2008, defendant appeared before County Court and admitted to violating multiple provisions of that probation. Based on those admissions, the court revoked defendant's probation and resentenced him to one year in jail. Defendant now appeals.

Counsel for defendant confirms that defendant was released from jail in December 2008. Accordingly, any challenge that defendant may have made regarding the sufficiency and voluntariness of his plea or the length of his sentence has been rendered moot ( see People v Raner, 51 AD3d 1224, 1224-1225; People v Lesson, 32 AD3d 1083).

Ordered that the appeal is dismissed, as moot.


Summaries of

People v. Fiacco

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 2009
68 A.D.3d 1251 (N.Y. App. Div. 2009)
Case details for

People v. Fiacco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS M. FLACCO…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 10, 2009

Citations

68 A.D.3d 1251 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9093
889 N.Y.S.2d 500

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