People v. Moore

247 A.D.2d 228, 668 N.Y.S.2d 356, 1998 N.Y. App. Div. LEXIS 901

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 1998
• Status: Published

Opinion

Appeal from judgment, Supreme Court, New York County (Alfred Donati, J.), rendered July 12, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously dismissed as moot.

Since defendant has been discharged from parole, his request for specific performance of a promised sentence or discretionary reduction of the sentence is moot (Executive Law § 259-j). In any event, the enhanced sentence was appropriate since defendant violated the terms of his plea agreement.

Concur— Nardelli, J. P., Wallach, Williams and Mazzarelli, JJ.