PEOPLE v. BALKUM

Appeal unanimously dismissed.

Memorandum:

Contrary to the People's contention, the challenge of defendant to the legality of the minimum period of the indeterminate sentence of imprisonment survives his waiver of the right to appeal ( see, People v. Seaberg, 74 N.Y.2d 1, 9). That challenge, however, was rendered moot by defendant's conditional release ( see, People v. Meli, 142 A.D.2d 938, 939, lv denied 72 N.Y.2d 921; see generally, People v. Hamilton, 214 A.D.2d 783).