People v Pesce (Christopher)

[*1] People v Pesce (Christopher) 2005 NY Slip Op 51749(U) [9 Misc 3d 138(A)] Decided on July 13, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 13, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: July 13, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2003-1209 OR C

The People of the State of New York, Respondent,

against

Christopher Pesce, Appellant.

Appeal by defendant from an amended judgment of the Justice Court, Town of Warwick, Orange County (D. Coleman, J.), rendered on July 8, 2003, convicting him of violating probation and imposing resentence.

Appeal unanimously dismissed.

Defendant appeals from the determination that he violated the terms of probation. However, he has completed the sentence imposed. Thus, the appeal has [*2]
been rendered moot, and as there is no "recurring issue of public interest which would otherwise escape appellate review," dismissal is appropriate (see People v Contrano, 274 AD2d 760, 761 [2000]). Were we not to dismiss the appeal as moot, we would affirm because defendant's contentions are meritless (People v Anderson, 197 AD2d 749, 751 [1993]).
Decision Date: July 13, 2005