People v Werner
2010 NY Slip Op 02258 [71 AD3d 1456]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


The People of the State of New York, Respondent, v Andrew Werner, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Timothy S. Davis of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered February 20, 2007. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that said appeal is unanimously dismissed as moot (see People v Rollins, 50 AD3d 1535, 1536 [2008], lv denied 10 NY3d 939 [2008]). Present—Scudder, P.J., Peradotto, Lindley and Gorski, JJ.