| People v Cancer |
| 2015 NY Slip Op 07304 [132 AD3d 1021] |
| October 8, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Latoya Cancer, Appellant. |
Barrett D. Mack, Albany, for appellant.
Eric T. Schneiderman, Attorney General, New York City (Nikki Kowalski ofcounsel), for respondent.
McCarthy, J.P. Appeal from a judgment of the County Court of Albany County(Herrick, J.), rendered September 17, 2013, convicting defendant upon her guilty plea ofthe crime of criminal possession of a controlled substance in the fourth degree.
Following an investigation by the Attorney General's Organized Crime Task Force,defendant and 33 others were charged in a 226-count indictment with conspiracy andother crimes stemming from the distribution of cocaine in multiple counties in NewYork.[FN1]Defendant was also separately charged in a superior court information with grand larcenyin the third degree, and the Albany County District Attorney filed a petition alleging thatshe had violated probation.[FN2] The Attorney General and DistrictAttorney negotiated a joint plea agreement to resolve all three matters, which required[*2]defendant's cooperation with the conspiracyinvestigation. Pursuant thereto, defendant entered a guilty plea to count 195 of theindictment, which charged her with criminal possession of a controlled substance in thefourth degree, and to attempted grand larceny in the third degree, and she admittedviolating probation. As part of that agreement, defendant waived her right to appeal as toall three matters and signed a written waiver of appeal.
At sentencing, County Court revoked defendant's probation and imposed a one-yearjail term with credit for time served on the violation petition. With respect to theattempted grand larceny conviction, the court granted defendant a conditional dischargeand ordered her to pay certain restitution. The court subsequently imposed a one-year jailterm on the drug-related conviction, to be served consecutively to the one-year termimposed for violating probation. Defendant now appeals from the judgment ofconviction for criminal possession of a controlled substance in the fourth degree.
On appeal, defendant argues that she did not get the benefit of the promised pleaagreement with regard to her sentence, which she also argues is harsh and excessive.Given that defendant has completed her consecutive one-year jail sentences during thependency of this appeal, these claims related to sentencing are moot (see People v Rodwell, 122AD3d 1065, 1068 [2014], lv denied 25 NY3d 1170 [2015]; People v Pozzi, 117 AD3d1325, 1325 [2014]; Peoplev Trombley, 111 AD3d 984, 984-985 [2013]).
Egan Jr., Rose and Clark, JJ., concur. Ordered that the judgment is affirmed.
Footnote 1:Defendant was named inthree counts of the indictment which charged her with conspiracy in the second degree(count 1) and criminal possession of a controlled substance in the third and fourthdegrees (counts 194 and 195, respectively).
Footnote 2:The violation ofprobation matter is the subject of a separate appeal (People v Cancer, 132 AD3d 1019 [2015] [decided herewith]).