People v Yusuf
2013 NY Slip Op 06612 [110 AD3d 486]
October 10, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


The People of the State of New York, Respondent,
v
Malik Yusuf, Also Known as Yusuf Ashford, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Appeal from judgment of resentence, Supreme Court, New York County (Daniel P. Conviser, J.), rendered July 24, 2012, resentencing defendant, as a second felony drug offender, to an aggregate term of 3½ years, unanimously dismissed as moot.

Since defendant has completed his entire sentence, including postrelease supervision, his claim of improper resentencing is moot (see People v Hults, 231 AD2d 836 [3d Dept 1996]), and we do not find that the exception to the mootness doctrine applies. In any event, defendant's claim is unavailing. Concur—Tom, J.P., Sweeny, Saxe, Freedman and Clark, JJ.