| People v Raner |
| 2008 NY Slip Op 04405 [51 AD3d 1224] |
| May 15, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Shane Raner,Appellant. |
—[*1] David S. Hartnett, District Attorney, Cortland (Wendy L. Franklin of counsel), forrespondent.
Carpinello, J. Appeal from a judgment of the County Court of Cortland County (Ames, J.),rendered April 24, 2007, which revoked defendant's probation and imposed a sentence ofincarceration.
Defendant was charged with a probation violation and, in April 2007, appeared beforeCounty Court and admitted to violating three conditions of his probation. Based upon thoseadmissions, and in accordance with the negotiated plea, defendant's probation was revoked andhe was resentenced to one year in the local jail. This appeal by defendant ensued.
Counsel for defendant confirms that defendant was released from jail in October 2007.Accordingly, defendant's challenge to the sufficiency and voluntariness of his plea, as well as hisclaim that the resentence imposed was harsh and excessive, has been rendered moot (see People v Lesson, 32 AD3d1083 [2006]; People v Hamilton, 214 AD2d 783 [1995]). Inasmuch as defendant'sappeal does not present "recurring issue[s] of public interest which would otherwise escapeappellate review" (People v Anderson, 197 AD2d 749, 750 [1993], lvs denied 82NY2d 890 [1993], 82 NY2d 921 [1994]), dismissal of the appeal is warranted.
Mercure, J.P., Peters, Rose and Kavanagh, JJ., concur. Ordered that the appeal is dismissed,as moot.