| People v Pozzi |
| 2014 NY Slip Op 03878 [117 AD3d 1325] |
| May 29, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vErnest G. Pozzi, Appellant. |
Pamela A. Fairbanks, Ithaca, for appellant.
Joseph G. Fazzary, District Attorney, Watkins Glen (Matthew C. Hayden ofcounsel), for respondent.
McCarthy, J. Appeal from a judgment of the County Court of Schuyler County(Argetsinger, J.), rendered July 15, 2010, which revoked defendant's probation andimposed a sentence of imprisonment.
In 2009, defendant pleaded guilty to aggravated unlicensed operation of a motorvehicle in the first degree and driving while intoxicated. County Court sentenceddefendant to six months in jail, to be served on an intermittent basis, and five years ofprobation. The conditions of probation included that he complete the Schuyler CountyDrug Court program. In July 2010, following defendant's termination from the drug courtprogram, County Court revoked defendant's probation and resentenced him to a prisonterm of 1 to 3 years. Defendant appeals.
We affirm. Defendant's challenges to his underlying 2009 conviction, including thathe received the ineffective assistance of counsel and that the police lacked probablecause to arrest him, cannot be raised on an appeal from the judgment resentencing himfollowing a revocation of his probation (see People v Daniels, 106 AD3d 1189, 1189 [2013], lvdenied 21 NY3d 1014 [2013]; People v Pittman, 17 AD3d 930, 931 n [2005], lvdenied 5 NY3d 767 [2005]; People v Dabbs, 178 AD2d 848, 849 [1991],lv denied 79 NY2d 946 [1992]). Further, defendant's claim that the resentenceimposed was harsh and excessive is moot, inasmuch as he has completed his sentence (see People v Fusco, 91 AD3d984, 985 [2012]; People vMainville, 78 AD3d 1421, [*2]1422 [2010],lv denied 16 NY3d 833 [2011]).
Stein, J.P., Rose and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.