People v Baker
2012 NY Slip Op 07722 [100 AD3d 1154]
November 15, 2012
Appellate Division, Third Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


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

[*1]Cynthia Feathers, Glens Falls, for appellant.

Andrew J. Wylie, District Attorney, Plattsburgh (Nicholas J. Evanovich of counsel), forrespondent.

Appeals from two judgments of the Supreme Court (Lawliss, J.), rendered August 8, 2011 inClinton County, which revoked defendant's probation and imposed sentences of imprisonment.

Following defendant's conviction of reckless endangerment in the second degree andcriminal contempt in the second degree, she was sentenced in 2010 to a three-year term ofprobation. Shortly thereafter, defendant was sentenced in January 2011 to a separate term of fiveyears of probation upon her conviction of criminal contempt in the first degree. Subsequently, onJune 28, 2011, defendant appeared before Supreme Court and admitted violating certainprovisions of the probation conditions for both sentences. Based on those admissions, the courtrevoked defendant's sentences of probation and sentenced her to concurrent terms of one year injail on the reckless endangerment and criminal contempt in the second degree convictions, to beserved consecutively to a separate sentence of one year in jail on the criminal contempt in thefirst degree conviction. These appeals ensued.

Counsel for defendant confirms that defendant has been released from jail. Accordingly,defendant's challenge to the sufficiency and voluntariness of her pleas after she waived her rightto counsel has been rendered moot (seePeople v Fiacco, 68 AD3d 1251, 1251 [2009]; People v Raner, 51 AD3d 1224, 1225 [2008]; People v Lesson, 32 AD3d 1083,1083 [2006]). As we do not agree with defendant's contention that her appeals present "recurringissue[s] of public interest which would otherwise escape appellate review" (People vRaner, 51 [*2]AD3d at 1225 [internal quotation marks andcitation omitted]), these appeals must be dismissed.

Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ., concur. Ordered that the appeals aredismissed, as moot.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.