People v. Brian O.

Appellate Division of the Supreme Court of New York

People v. Brian O.

83 A.D.2d 857, 441 N.Y.S.2d 816, 1981 N.Y. App. Div. LEXIS 15247

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 10, 1981

StatusPublished

Cited by1 cases

This text of 83 A.D.2d 857 (People v. Brian O.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Brian O., 83 A.D.2d 857, 441 N.Y.S.2d 816, 1981 N.Y. App. Div. LEXIS 15247 (N.Y. Ct. App. 1981).

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Opinion

Appeal by defendant from an amended sentence of the County Court, Rockland County (Zeck, J.), rendered July 23, 1980, which, upon a finding that defendant had violated his probation, revoked the original sentence of three years’ probation, which had been imposed upon his adjudication as a youthful offender, and sentenced defendant to six months’ imprisonment. Appeal dismissed as moot. Since defendant has served his sentence, and his youthful offender status has not been disturbed, his appeal is moot. Were we not to dismiss the appeal as moot we would affirm the sentence since defendant’s sole contention is based, for the most part, on alleged facts that are outside the record. Thus, the merits of that contention cannot be reviewed on appeal. Hopkins, J.P., Mangano, Margett and Thompson, JJ., concur.

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Appeal by defendant from an amended sentence of the County Court, Rockland County (Zeck, J.), rendered July 23, 1980, which, upon a finding that defendant had violated his probation, revoked the original sentence of three years’ probation, which had been imposed upon his adjudication as a youthful offender, and sentenced defendant to six months’ imprisonment. Appeal dismissed as moot. Since defendant has served his sentence, and his youthful offender status has not been disturbed, his appeal is moot. Were we not to dismiss the appeal as moot we would affirm the sentence since defendant’s sole contention is based, for the most part, on alleged facts that are outside the record. Thus, the merits of that contention cannot be reviewed on appeal. Hopkins, J.P., Mangano, Margett and Thompson, JJ., concur.

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Bluebook (online)

83 A.D.2d 857, 441 N.Y.S.2d 816, 1981 N.Y. App. Div. LEXIS 15247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brian-o-nyappdiv-1981.

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