Opinion
2014-1037 D CR
01-08-2016
The People of the State of New York, Respondent, v. Theodore Jerome Smith, Jr., Appellant.
PRESENT: :
Appeal from an amended judgment of the City Court of Poughkeepsie, Dutchess County (Frank Mora, J.), rendered May 14, 2014. The amended judgment revoked a sentence of probation previously imposed by the same court, upon a finding, following a hearing, that defendant had violated a condition thereof, and resentenced defendant to a one-year jail term, upon his previous conviction of criminal contempt in the second degree.
ORDERED that the appeal is dismissed.
Defendant appeals from an amended judgment resentencing him to a term of one year's incarceration, upon his prior conviction of criminal contempt in the second degree (Penal Law § 215.51), based upon a determination that he had violated the terms and conditions of his probation. Defendant contends that the City Court should have granted his recusal motion and that the finding that he had violated a condition of his probation was not supported by a preponderance of the evidence. However, as defendant has served the sentence imposed, the appeal has been rendered moot. 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 also People v Contrano, 274 AD2d 760, 761 [2000]; People v Hoebich, 42 Misc 3d 128[A], 2013 NY Slip Op 52151[U] [App Term, 9th & 10th Jud Dists 2013]; People v Concepcion, 41 Misc 3d 1, 3 [App Term, 9th & 10th Jud Dists 2013]). Were we not to dismiss the appeal as moot, we would affirm (see People v Alomar, 93 NY2d 239, 246 [1999]; People v Maldonado, 44 AD3d 793, 793-794 [2007]).
Accordingly, the appeal is dismissed.
Tolbert, J.P., Iannacci and Connolly, JJ., concur.
Decision Date: January 08, 2016