[*1]
People v Bradley (Tyric)
2019 NY Slip Op 50570(U) [63 Misc 3d 139(A)]
Decided on April 12, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 12, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2015-1587 K CR

The People of the State of New York, Respondent,

against

Tyric Bradley, Appellant.


Appellate Advocates (Meredith S. Holt of counsel), for appellant. Kings County District Attorney (Leonard Joblove and Amy Appelbaum of counsel), for respondent.

Appeal by defendant, as limited by his brief, from a sentence of the Criminal Court of the City of New York, Kings County (Rosemarie Montalbano, J.), imposed June 9, 2015, upon his conviction of petit larceny, upon his plea of guilty.

ORDERED that the appeal is dismissed.

Defendant pleaded guilty to petit larceny (Penal Law § 155.25). On June 9, 2015, in accordance with the terms of the plea agreement, defendant was sentenced to a split sentence of a 30-day jail term and three years' probation. Defendant has since served his entire sentence, including the period of probation. On appeal, defendant contends that his sentence of probation was excessive. However, issues relating to the validity of a sentence are moot where, as here, the defendant has completed the sentence (see People v McLaine, 64 NY2d 934 [1985]; People v Tomassi, 32 Misc 3d 129[A], 2011 NY Slip Op 51306[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]; People v Hughes, 12 Misc 3d 128[A], 2006 NY Slip Op 50919[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2006]). We note that if the appeal were not being dismissed as moot, we would find no basis to reduce the sentence (see e.g. People v Colin, 56 Misc 3d 141[A], 2017 NY Slip Op 51119[U] [App Term, 2d Dept, 2d, 11th, & 13th Jud Dists 2017]; [*2]People v Jimenez, 54 Misc 3d 139[A], 2017 NY Slip Op 50156[U] [App Term, 2d Dept, 2d, 11th, & 13th Jud Dists 2017]).

Accordingly, the appeal is dismissed.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.



ENTER:


Paul Kenny


Chief Clerk


Decision Date: April 12, 2019