People v Forrester (Gerald)

[*1] People v Forrester (Gerald) 2009 NY Slip Op 50803(U) [23 Misc 3d 134(A)] Decided on April 24, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and MOLIA, JJ
2007-1071 S CR.

The People of the State of New York, Respondent,

against

Gerald Forrester, Appellant.

Appeal from a judgment of the District Court of Suffolk County, First District (John J. Toomey, Jr.), rendered June 4, 2007. The judgment, insofar as appealed from, convicted defendant, upon his plea of guilty, of petit larceny, and sentenced him to 10 months' incarceration.

Appeal dismissed.

The appeal was limited by the notice of appeal to the issue of whether the term of imprisonment imposed was excessive. Appellate counsel has submitted an Anders brief, in which he notes that defendant has fully served his sentence, and concludes that there are no nonfrivolous issues to be raised on appeal on defendant's behalf. Under the particular circumstances here, the excessive sentence issue having become academic, the appeal is dismissed.

Rudolph, P.J., Tanenbaum and Molia, JJ., concur.

Decision Date: April 24, 2009