Opinion
1999-07158
Submitted December 28, 2001.
January 28, 2002.
Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Orange County (Phillips, J.), revoking a sentence of probation previously imposed by the same court (Berry, J.), upon a finding that he had violated a condition thereof, upon his admission, the sentence being an indeterminate term of one to three years imprisonment upon his previous conviction of driving while intoxicated as a felony.
Richard N. Lentino, Middletown, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: DAVID S. RITTER, ACTING P.J., CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
ORDERED that the appeal is dismissed as academic.
The defendant completed the service of his amended sentence (see, People v. Griffin, 239 A.D.2d 936; People v. Coleman, 179 A.D.2d 670). Therefore, the appeal must be dismissed as academic.
RITTER, ACTING P.J., O'BRIEN, GOLDSTEIN, SCHMIDT and TOWNES, JJ., concur.