People v. Rainey

IANNACCI, J.P., TOLBERT and CONNOLLY, JJ.

PRESENT: : IANNACCI, J.P., TOLBERT and CONNOLLY, JJ.

Appeal from an amended judgment of conviction of the City Court of Middletown, Orange County (Steven W. Brockett, J.), rendered September 4, 2014. The amended judgment revoked so much of defendant's sentence as imposed a conditional discharge, upon a finding, after a hearing, that defendant had violated conditions thereof, and resentenced him to a term of incarceration of one year.

ORDERED that the appeal is dismissed.

Defendant appeals from an amended judgment resentencing him to a term of incarceration of one year upon a previous conviction of common-law driving while intoxicated based upon a determination that he had violated the terms of his conditional discharge. However, defendant has served the resentence imposed. Thus, the appeal has been rendered academic (see People v Lizza, 46 AD3d 705 [2007]; People v Patacchiola, 290 AD2d 568 [2002]; People v Hoebich, 42 Misc 3d 128[A], 2013 NY Slip Op 52151[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013]; People v Palmer, 40 Misc 3d 141[A], 2013 NY Slip Op 51499[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013]).

Accordingly, the appeal is dismissed.

Iannacci, J.P., Tolbert and Connolly, JJ., concur. Decision Date: February 22, 2016