People v Johnson (Ronald)

[*1] People v Johnson (Ronald) 2005 NY Slip Op 51930(U) [10 Misc 3d 129(A)] Decided on November 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1592 RO CR

The People of the State of New York, Respondent,

against

Ronald A. Johnson, Appellant.

Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Victor J. Alfieri, Jr., J.), rendered October 6, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree.

Appeal unanimously dismissed as moot.

Defendant argues on appeal only that his sentence be reduced in the interest of [*2]
justice. As the sentence has been served, no relief may be afforded, and the appeal must be dismissed as moot (see People v Gerace, 40 AD2d 940 [1972]; People v Veneziano, 2002 NY Slip Op 40556[U] [App Term, 9th & 10th Jud Dists]).

Decision Date: November 22, 2005