People v. Pompeo

Appellate Division of the Supreme Court of New York

People v. Pompeo

2017 NY Slip Op 5367, 151 A.D.3d 1949, 54 N.Y.S.3d 902

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

DecidedJune 30, 2017

Docket901 KA 13-00499

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 5367 (People v. Pompeo) 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. Pompeo, 2017 NY Slip Op 5367, 151 A.D.3d 1949, 54 N.Y.S.3d 902 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered January 2, 2013. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that said appeal is unanimously dismissed.

Memorandum: Defendant appeals from a judgment revoking *1950 his sentence of probation imposed upon his conviction, following his plea of guilty, of two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and sentencing him to a term of incarceration. Defendant’s sole contention is that the sentence is unduly harsh and severe. Because defendant has completed serving that sentence, his appeal is moot (see People v Mackey, 79 AD3d 1680, 1681 [2010], lv denied 16 NY3d 860 [2011]).

Present — Whalen, P.J., Carni, Lindley, Curran and Scudder, JJ.

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Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered January 2, 2013. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that said appeal is unanimously dismissed.

Memorandum: Defendant appeals from a judgment revoking *1950 his sentence of probation imposed upon his conviction, following his plea of guilty, of two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and sentencing him to a term of incarceration. Defendant’s sole contention is that the sentence is unduly harsh and severe. Because defendant has completed serving that sentence, his appeal is moot (see People v Mackey, 79 AD3d 1680, 1681 [2010], lv denied 16 NY3d 860 [2011]).

Present — Whalen, P.J., Carni, Lindley, Curran and Scudder, JJ.

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Bluebook (online)

2017 NY Slip Op 5367, 151 A.D.3d 1949, 54 N.Y.S.3d 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pompeo-nyappdiv-2017.

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