People v Butterfield (Suzanne)

[*1] People v Butterfield (Suzanne) 2012 NY Slip Op 51303(U) Decided on June 29, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 29, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., IANNACCI and LaSALLE, JJ
2011-1227 S CR.

The People of the State of New York, Respondent,

against

Suzanne Butterfield, Appellant.

Appeal from an amended judgment of the District Court of Suffolk County, First District (Jennifer A. Henry, J.), rendered April 14, 2011. The amended judgment, insofar as appealed from as limited by the brief, upon revoking defendant's sentence of probation, on a finding, after a hearing, that defendant had violated conditions thereof, resentenced defendant to a term of one year's incarceration upon her previous conviction of driving while intoxicated.

ORDERED that the appeal is dismissed.

Defendant's sole argument on appeal is that the amended judgment which resentenced defendant to a year's incarceration was unduly harsh and excessive. The appeal is dismissed because issues relating to the validity of defendant's sentence are moot since defendant has served her 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, 9th & 10th Jud Dists 2011]).

Molia, J.P., Iannacci and LaSalle, JJ., concur. [*2]
Decision Date: June 29, 2012