| People v Bruce-Ross (Duncan) |
| 2019 NY Slip Op 50215(U) [62 Misc 3d 147(A)] |
| Decided on February 21, 2019 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Glenn Gucciardo, for appellant. Suffolk County District Attorney (Lauren Tan of counsel), for respondent.
Appeal from an amended judgment of the District Court of Suffolk County, First District (Toni A. Bean, J.), rendered October 28, 2014. The amended judgment revoked a sentence of probation previously imposed by that court, upon a finding, following a hearing, that defendant had violated conditions thereof, and resentenced defendant to a term of 10 months' incarceration, upon his prior conviction of criminal contempt in the second degree.
ORDERED that the appeal is dismissed.
Defendant appeals from an amended judgment resentencing him to a term of 10 months' incarceration, upon his prior conviction of criminal contempt in the second degree (Penal Law § 215.50 [3]), based upon a determination that he had violated conditions of his probation. Defendant contends that the finding that he violated conditions of his probation was not supported by a preponderance of the evidence, that he was denied an opportunity to be heard, and that the sentence imposed was excessive. However, as defendant has served the sentence imposed, the appeal has been rendered moot (see People v Concepcion, 41 Misc 3d 1 [App Term, 2d Dept, 9th & 10th Jud Dists 2013]). Since defendant's contentions do not represent "recurring issue[s] of public interest which would otherwise escape appellate review," dismissal is appropriate (People v Baker, 100 AD3d 1154, 1155 [2012]; see People v Contrano, 274 AD2d 760, 761 [2000]; People v Smith, 50 Misc 3d 134[A], 2016 NY Slip Op 50043[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]; People v Hoebich, 42 Misc 3d 128[A], 2013 NY Slip Op 52151[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013]). Were we not to dismiss the appeal as moot, we would affirm (see People v Rosales, 55 Misc 3d 55 [App Term, 2d Dept, 2d, 11th, & 13th Jud Dists 2017]; People v Campos, 42 Misc 3d 23 [App Term, 2d Dept, 9th & 10th Jud Dists 2013]).
Accordingly, the appeal is dismissed.
RUDERMAN, J.P., TOLBERT and GARGUILO, JJ., concur.