Appeal from an amended judgment of the City Court of Mount Vernon, Westchester County (William Edwards, J.), rendered April 25, 2007. The amended judgment revoked defendant's sentence of probation, upon a finding, after a hearing, that defendant had violated conditions thereof, and resentenced him to a term of one year imprisonment upon his previous conviction of resisting arrest.

ORDERED that the appeal is dismissed.

Defendant appeals from an amended judgment resentencing him to a term of one year imprisonment upon his previous conviction of resisting arrest based upon a determination that he violated the terms and conditions of his probation. However, as defendant has served the sentence imposed, the appeal has been rendered moot. Since there is no recurring issue of public interest which would otherwise escape appellate review, dismissal is appropriate (see People v Contrano, 274 AD2d 760 [2000]; People v Anderson, 197 AD2d 749 [1993]; People v Brian O., 83 AD2d 857 [1981]; cf. People v Concepcion [Juan], ___ Misc 3d ___, 2013 NY Slip Op 23115 [App Term, 9th & 10th Jud Dists 2013]). Were we not to dismiss the appeal as moot, we would affirm, because defendant's contentions lack merit (see e.g. People v Pesce, 9 Misc 3d 138[A], 2005 NY Slip Op 51749[U] [App Term, 9th & 10th Jud Dists 2005]). [*2]

Accordingly, the appeal is dismissed.

LaSalle and Tolbert, JJ., concur.

Nicolai, P.J., taking no part.
Decision Date: September 05, 2013