| People of State of New York v Russell Gunnell |
| Motion No: 2011-02609 wcr |
| Slip Opinion No: 2013 NY Slip Op 81377(U) |
| Decided on July 24, 2013 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, J.P.
HECTOR D. LaSALLE
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Russell Gunnell, Appellant. |
Appeal from judgments of conviction of the City Court of Mount Vernon, Westchester County, rendered August 31, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as moot, inasmuch as the sole issue raised on appeal concerned the validity of the sentencing process and defendant has served his sentence (see People v McLaine, 64 NY2d 934 [1985]; People v Butterfield, 36 Misc 3d 132[A], 2012 NY Slip Op 51303[U] [App Term, 9th & 10th Jud Dists 2012]).
Nicolai, P.J., LaSalle and Tolbert, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk