Opinion
No. 2023-44 OR CR
05-16-2024
The People of the State of New York, Respondent, v. Athena Warner, Appellant.
Richard L. Herzfeld, for appellant. Orange County District Attorney (Andrew R. Kass of counsel), for respondent.
Unpublished Opinion
Richard L. Herzfeld, for appellant.
Orange County District Attorney (Andrew R. Kass of counsel), for respondent.
PRESENT:: JERRY GARGUILO, P.J., JAMES P. McCORMACK, GRETCHEN WALSH, JJ.
Appeal by defendant, as limited by the brief, from a sentence of the City Court of Middletown, Orange County (Steven W. Brockett, J.), imposed December 15, 2022, upon her conviction of criminal possession of a controlled substance in the seventh degree, following her plea of guilty.
ORDERED that the appeal is dismissed as academic.
In March 2018, defendant was charged by misdemeanor complaint with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). In June 2018, defendant, while represented by counsel, entered into a negotiated plea agreement, pursuant to which defendant would plead guilty to the offense charged in exchange for her commitment to complete a drug treatment program. Defendant was informed at the time of the plea that, if she failed to complete the program, she could be sentenced to a term of up to one year. When defendant failed to complete the treatment program, she was sentenced to a term of 364 days, and a separate sentence of a 90-day term of imprisonment was imposed upon her conviction on another docket, upon a plea of guilty, of unlawful fleeing a police officer in a motor vehicle, which sentence was to be served consecutively to the sentence imposed in this case.
Defendant has completed the term of imprisonment imposed upon her conviction of criminal possession of a controlled substance in the seventh degree and, thus, her contention that the sentence imposed was excessive is academic (see People v Nicholson, 31 A.D.3d 468 [2006]; People v Pompi, 31 Misc.3d 145[A], 2011 NY Slip Op 50936[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]; People v Canada, 16 Misc.3d 132 [A], 2007 NY Slip Op 51481[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2007]).
Accordingly, the appeal is dismissed.
GARGUILO, P.J., McCORMACK and WALSH, JJ., concur.