| People v Messier |
| 2007 NY Slip Op 06591 [43 AD3d 1205] |
| September 13, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Lisa M.Messier, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Chantelle Schember of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Lawliss, J.), rendered June 26, 2006 inClinton County, convicting defendant upon her plea of guilty of the crimes of driving whileintoxicated and endangering the welfare of a child, and of the traffic infraction of failure to keepright.
Defendant pleaded guilty to driving while intoxicated and endangering the welfare of a childand was sentenced to concurrent terms of 10 months in jail. She appealed the sentence as harshand excessive only, but served her time and was released from jail during the pendency of herappeal. Her attorney now seeks to be relieved of her assignment of representing defendant on theground that there are no nonfrivolous issues to be raised. Inasmuch as defendant's release fromjail renders the appeal moot, we agree (see People v Davis, 31 AD3d 896 [2006]).
Mercure, J.P., Peters, Spain, Carpinello and Rose, JJ., concur. Ordered that the appeal isdismissed, as moot.