People v Russell
2013 NY Slip Op 03701 [106 AD3d 1329]
May 23, 2013
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 26, 2013


The People of the State of New York, Respondent, v Jestin Russell, Appellant.

—[*1] Pamela A. Fairbanks, Ithaca, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 4, 2009, which revoked defendant's probation and imposed a sentence of imprisonment.

In 2004, defendant pleaded guilty to attempted assault in the second degree and was sentenced to five years of probation. In 2009, defendant pleaded guilty to violating his probation, probation was revoked and he was ultimately sentenced to 11/3 to 4 years in prison. Defendant appeals, seeking a reduction of the sentence imposed.

This Court has been advised by the People that defendant has reached the maximum expiration date of his sentence and has been released. Accordingly, the matter is moot and the appeal must be dismissed (see People v La Motte, 285 AD2d 814, 817 [2001]; People v Durham, 248 AD2d 820, 823 [1998], lv denied 91 NY2d 972 [1998]).

Lahtinen, J.P., Stein, Spain and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.