People v. Balkum

Appellate Division of the Supreme Court of New York

People v. Balkum

288 A.D.2d 910, 733 N.Y.S.2d 670, 2001 N.Y. App. Div. LEXIS 10613

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 2001·Published·Cited by 4 cases

Opinion

—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 Seaherg, 74 NY2d 1, 9). That challenge, however, was rendered moot by defendant’s conditional release (see, People v Meli, 142 [911]*911AD2d 938, 939, Iv denied 72 NY2d 921; see generally, People v Hamilton, 214 AD2d 783). (Appeal from Judgment of Monroe County Court, Bristol, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.

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—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 Seaherg, 74 NY2d 1, 9). That challenge, however, was rendered moot by defendant’s conditional release (see, People v Meli, 142 [911]*911AD2d 938, 939, Iv denied 72 NY2d 921; see generally, People v Hamilton, 214 AD2d 783). (Appeal from Judgment of Monroe County Court, Bristol, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.

People v. Balkum, 288 A.D.2d 910, 733 N.Y.S.2d 670, 2001 N.Y. App. Div. LEXIS 10613 (N.Y. Ct. App. 2001).

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Opinion

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