People v Beadle (Matthew)

[*1] People v Beadle (Matthew) 2016 NY Slip Op 50836(U) Decided on May 25, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 25, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MARANO and TOLBERT, JJ.
2013-2608 OR CR

The People of the State of New York, Respondent,

against

Matthew J. Beadle, Appellant.

Appeal, as limited by the notice of appeal, from a resentence of the Justice Court of the Village of Harriman, Orange County (Christine K. Wienberg, J.), rendered October 17, 2013. The resentence, upon a revocation of a sentence of probation previously imposed by the same court, upon a finding, following a hearing, that defendant had violated a condition thereof, imposed a term of six months' incarceration, upon his previous conviction of driving while intoxicated (common law).

ORDERED that the appeal is dismissed.

Defendant appeals from a resentence imposing a six-month term of incarceration, upon his prior conviction of driving while intoxicated (common law) (Vehicle and Traffic Law § 1192 [3]), based upon a determination, after a hearing, that he had violated the terms and conditions of his probation. As defendant has served his sentence, the appeal has been rendered moot (see People v Smith, 50 Misc 3d 134[A], 2016 NY Slip Op 50043[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2016]).

Accordingly, the appeal is dismissed.

Iannacci, J.P., Marano and Tolbert, JJ., concur.

Decision Date: May 25, 2016