People v. Lugo

Appellate Division of the Supreme Court of New York

People v. Lugo

121 A.D.3d 479, 993 N.Y.S.2d 501

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

DecidedOctober 14, 2014

Docket13178 8241/99 9877/99

StatusPublished

This text of 121 A.D.3d 479 (People v. Lugo) 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. Lugo, 121 A.D.3d 479, 993 N.Y.S.2d 501 (N.Y. Ct. App. 2014).

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Opinion

Appeal from order, *480 Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about February 28, 2013, which denied defendant’s CPL 440.46 motion for resentencing, unanimously dismissed as moot.

Because defendant has completed his entire sentence, this appeal is moot (see People v Paulin, 17 NY3d 238, 242 [2011]), and, we conclude that the exception to the mootness doctrine does not apply. In any event, defendant’s arguments are unavailing.

Concur — Friedman, J.P, Moskowitz, Feinman, Gische and Kapnick, JJ.

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Appeal from order, *480 Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about February 28, 2013, which denied defendant’s CPL 440.46 motion for resentencing, unanimously dismissed as moot.

Because defendant has completed his entire sentence, this appeal is moot (see People v Paulin, 17 NY3d 238, 242 [2011]), and, we conclude that the exception to the mootness doctrine does not apply. In any event, defendant’s arguments are unavailing.

Concur — Friedman, J.P, Moskowitz, Feinman, Gische and Kapnick, JJ.

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Bluebook (online)

121 A.D.3d 479, 993 N.Y.S.2d 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lugo-nyappdiv-2014.

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