People v Canada (Yvonne)

[*1] People v Canada (Yvonne) 2007 NY Slip Op 51481(U) [16 Misc 3d 132(A)] Decided on July 12, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 12, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-246 W CR.

The People of the State of New York, Respondent,

against

Yvonne Canada, Appellant.

Appeal from amended judgments of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), rendered January 4, 2006. The amended judgments revoked defendant's sentences upon a finding that defendant violated a condition thereof and imposed sentences of two one-year terms of incarceration, to run consecutively, upon her previous convictions of criminal possession of a controlled substance in the seventh degree and petit larceny.

Appeal dismissed as academic.

Defendant pleaded guilty to criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and petit larceny (Penal Law § 155.25). As a condition of defendant's sentences, she was required to complete a drug court program. However, she failed to do so and was resentenced to two one-year consecutive terms of incarceration.

Defendant's contention that the court improperly imposed enhanced sentences is academic because defendant has served her sentences and has been released from custody (see People v Nicholson, 31 AD3d 468 [2006]).

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: July 12, 2007