| People of State of New York v Mark A. Pagan |
| Motion No: 2004-01716 ORCR |
| Slip Opinion No: 2006 NYSlipOp 80637(U) |
| Decided on October 31, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MARK A. PAGAN, Appellant. |
DECISION
Motion by appellant to vacate dismissal of the appeal and compel the court below to file the record on appeal with this court is denied.
The claim of an excessive sentence is rendered academic since defendant has served the challenged sentence (see People v Reyes, 74 NY2d 837, 838 [1989]; People v Nicholson, 31 AD3d 468 [2006]; People v Anderson, 168 AD2d 624 [1990]; People v Lockett, 122 AD2d 892 [1986]). Since that appears to be the only issue counsel seeks to raise on appeal, the motion to vacate dismissal is denied.