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

Appellate Division of the Supreme Court of the State of New York·Decided October 14, 2014·No. 13178 8241/99 9877/99·Published

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.

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

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Opinion

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