| People v Fiacco |
| 2009 NY Slip Op 09093 [68 AD3d 1251] |
| December 10, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Nicholas M.Fiacco, Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Victoria M. Esposito of counsel), forrespondent.
Appeal from a judgment of the County Court of St. Lawrence County (Rogers, J.), renderedMay 6, 2008, which revoked defendant's probation and imposed a sentence of incarceration.
After pleading guilty to the crime of attempted burglary in the third degree in December2004, defendant was placed on probation. In May 2008, defendant appeared before County Courtand admitted to violating multiple provisions of that probation. Based on those admissions, thecourt revoked defendant's probation and resentenced him to one year in jail. Defendant nowappeals.
Counsel for defendant confirms that defendant was released from jail in December 2008.Accordingly, any challenge that defendant may have made regarding the sufficiency andvoluntariness of his plea or the length of his sentence has been rendered moot (see People v Raner, 51 AD3d1224, 1224-1225 [2008]; People vLesson, 32 AD3d 1083 [2006]).
Peters, J.P., Rose, Kane, Stein and McCarthy, JJ., concur. Ordered that the appeal isdismissed, as moot.