People v. Kitching

Appellate Division of the Supreme Court of New York

People v. Kitching

161 A.D.2d 898, 558 N.Y.S.2d 854, 1990 N.Y. App. Div. LEXIS 5790

Appellate Division of the Supreme Court of the State of New York·Decided May 17, 1990·Published

Opinion

Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered July 31, 1987, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the third degree.

[899] On appeal, defendant alleges only that a one-year sentence of imprisonment imposed on July 31, 1987 was harsh and excessive. Since defendant and the People both concede that the term of defendant’s sentence has expired, the appeal is moot (see, People v Millard, 155 AD2d 820; People v Edney, 38 NY2d 853).

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

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered July 31, 1987, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the third degree.

[899] On appeal, defendant alleges only that a one-year sentence of imprisonment imposed on July 31, 1987 was harsh and excessive. Since defendant and the People both concede that the term of defendant’s sentence has expired, the appeal is moot (see, People v Millard, 155 AD2d 820; People v Edney, 38 NY2d 853).

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

People v. Kitching, 161 A.D.2d 898, 558 N.Y.S.2d 854, 1990 N.Y. App. Div. LEXIS 5790 (N.Y. Ct. App. 1990).

Pincite

161 A.D.2d 898 (People v. Kitching) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related