| People v Sokolowski |
| 2007 NY Slip Op 01017 [37 AD3d 906] |
| February 8, 2007 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Kerry Sokolowski, Appellant. |
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Derek P. Champagne, District Attorney, Malone, for respondent.
In satisfaction of a three-count indictment, defendant pleaded guilty to rape in the third degree. County Court advised defendant of the potential sentencing options, but did not promise a specific sentence as part of the plea agreement. She was subsequently sentenced to 270 days in jail and she now appeals.
Defendant's sole argument is that her sentence is harsh and excessive and that she should have been sentenced to a 10-year period of probation instead of incarceration. However, inasmuch as defendant has completed serving her jail term, her appeal is now moot (see People v Hamilton, 214 AD2d 783 [1995]).
Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot.