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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE K. ELLSWORTH, Appellant.

Since defendant has served his sentence of one year of incarceration in the Hamilton County Jail and the sole issue raised on this appeal involves the excessiveness of the sentence, the appeal has been rendered moot and should be dismissed.

Appeal dismissed, as moot. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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PEOPLE v. ELLSWORTH
(Sep 14, 1989)