| People v Lugo |
| 2014 NYSlipOp 06889 [121 AD3d 479] |
| October 14, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Daniel Lugo, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Appeal from order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about February 28, 2013, which denied defendant's CPL 440.46 motion for resentencing, unanimously dismissed as moot.
Because defendant has completed his entire sentence, this appeal is moot (see People v Paulin, 17 NY3d 238, 242 [2011]), and, we conclude that the exception to the mootness doctrine does not apply. In any event, defendant's arguments are unavailing. Concur—Friedman, J.P., Moskowitz, Feinman, Gische and Kapnick, JJ.