| People v Trombley |
| 2013 NY Slip Op 07218 [111 AD3d 984] |
| November 7, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RickyTrombley, Appellant. |
—[*1] Kristy L. Sprague, District Attorney, Elizabethtown (Brian W. Felton of counsel), forrespondent.
Appeal from a judgment of the County Court of Essex County (Meyer, J.), renderedOctober 4, 2012, which resentenced defendant following his conviction of the crime ofassault in the third degree and the traffic infraction of consumption or possession ofalcohol in a motor vehicle on a highway.
Defendant was convicted after a jury trial of, among other things, assault in thesecond degree. County Court sentenced him, as a second violent felony offender, to anaggregate prison term of 6½ years to be followed by two years of postreleasesupervision. Defendant then pleaded guilty to a federal weapons offense and wassentenced to 2
The crux of defendant's argument on appeal is that the definite sentence imposedupon the assault conviction should have merged with and been satisfied by thedeterminate sentence imposed upon the federal weapons charge (citing Penal Law§ 70.35). The record reflects, however, that defendant had been in custody for overone year at the time he was resentenced and, therefore, had served the resentence in full(see Penal Law § 70.30 [3]). Inasmuch as defendant fails to articulate whatimpact the resentence could now have upon his federal sentence [*2]or any other collateral legal issue, the present appeal ismoot (cf. People v Amma,95 AD3d 1561, 1562 [2012]). Finally, we are unpersuaded that this case falls withinthe exception to the mootness doctrine.
Stein, J.P., McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the appeal isdismissed, as moot.