Opinion
06-30-2017
The PEOPLE of the State of New York, Respondent, v. Peter J. POMPEO, Defendant–Appellant.
Leanne Lapp, Public Defender, Canandaigua (Gary Muldoon of Counsel), for defendant-appellant. R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for respondent.
Leanne Lapp, Public Defender, Canandaigua (Gary Muldoon of Counsel), for defendant-appellant.
R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment revoking his sentence of probation imposed upon his conviction, following his plea of guilty, of two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ), and sentencing him to a term of incarceration. Defendant's sole contention is that the sentence is unduly harsh and severe. Because defendant has completed serving that sentence, his appeal is moot (see People v. Mackey, 79 A.D.3d 1680, 1681, 913 N.Y.S.2d 622, lv. denied 16 N.Y.3d 860, 923 N.Y.S.2d 422, 947 N.E.2d 1201 ).
It is hereby ORDERED that said appeal is unanimously dismissed.
WHALEN, P.J., CARNI, LINDLEY, CURRAN, and SCUDDER, JJ., concur.