People v Gagliardo

2011 NY Slip Op 05296 [85 AD3d 943]

June 14, 2011

Appellate Division, Second Department

As corrected through Wednesday, August 10, 2011

The People of the State of New York,Respondent, v Maurizio Gagliardo, Appellant.

—[*1]Salvatore C. Adamo, New York, N.Y., for appellant. William V. Grady, DistrictAttorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant from a resentence of the County Court, Dutchess County (Dolan,J.), imposed January 20, 2009, which, upon his conviction of sexual abuse in the first degree,upon a jury verdict, imposed a term of postrelease supervision in addition to the determinate termof imprisonment previously imposed on April 19, 2002.

Ordered that the appeal is dismissed as academic.

The sole issue presented on appeal is the defendant's challenge to the legality of the term ofpostrelease supervision that the County Court imposed at resentencing, pursuant to CorrectionLaw § 601-d. The record indicates that the challenged term of postrelease supervision hasexpired. Accordingly, the appeal has been rendered academic (see People v Elmendorf, 83 AD3d959 [2011]; cf. People vGarner, 83 AD3d 862 [2011]). Skelos, J.P., Dickerson, Hall, Austin and Miller, JJ.,concur.