People v. Darby

304 A.D.2d 672, 757 N.Y.S.2d 486

Opinion

Appeal by the defendant from an amended judgment of the County Court, Putnam County (Miller, J.), rendered May 9, 2002, revoking a sentence of probation previously imposed by the same court (Braatz, J.), upon her admission that she violated a condition thereof, and imposing a sentence of imprisonment upon her previous conviction of driving while intoxicated.

Ordered that the amended judgment is affirmed.

The defendant’s claim of ineffective assistance of counsel is without merit (see People v Benevento, 91 NY2d 708 [1998]). In addition, the defendant’s admission to the violation of probation was knowingly, voluntarily, and intelligently made (see People v Harris, 61 NY2d 9 [1983]).

Since the defendant has completed the sentence imposed, the issue of whether that sentence was excessive has been rendered academic (see People v Waddy, 240 AD2d 521 [1997]). Santucci, J.P., Krausman, McGinity, Schmidt and Crane, JJ., concur.