[*1]
People v Burnell (Clarence)
2006 NY Slip Op 50411(U) [11 Misc 3d 133(A)]
Decided on March 22, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 22, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570167/03

The People of the State of New York, No. Respondent,

against

Clarence Burnell, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County (Judith A. Levitt, J.), rendered December 3, 2002, convicting him, upon a plea of guilty, of criminal trespass in the second degree, and imposing sentence.


PER CURIAM:

Judgment of conviction (Judith A. Levitt, J.) rendered December 3, 2002, affirmed.

Inasmuch as defendant completed the sentence imposed, any issue concerning the absence of a pre-sentence report has
been rendered academic (see People v Darby, 304 AD2d 672 [2003], lv denied 100 NY2d 580 [2003]).
This constitutes the decision and order of the court. [*2]
I concur
Decision Date: March 22, 2006