People v Middleton
2013 NY Slip Op 06647 [110 AD3d 502]
October 15, 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
Leroy Middleton, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx County (Nancy Killian of counsel), for respondent.

Appeal from judgment, Supreme Court, Bronx County (Dineen A. Riviezzo, J., at plea; Raymond L. Bruce, J., at sentencing), rendered February 5, 2010, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing him to a term of three years, unanimously dismissed as moot.

Since defendant only challenges the length of his sentence, and since he has completed his entire sentence including postrelease supervision, this appeal is moot. Concur—Mazzarelli, J.P., Andrias, Freedman and Gische, JJ.