| People v Cancer |
| 2015 NY Slip Op 07302 [132 AD3d 1019] |
| October 8, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Latoya Cancer, Appellant. |
Barrett D. Mack, Albany, for appellant.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), forrespondent.
McCarthy, J.P. Appeal from a judgment of the County Court of Albany County(Herrick, J.), rendered September 12, 2013, (1) convicting defendant upon her plea ofguilty of the crime of attempted grand larceny in the third degree, and (2) which revokeddefendant's probation and imposed a sentence of imprisonment.
Defendant was charged in a superior court information with attempted grand larcenyin the third degree, and a petition was filed alleging that she had violated probation.Defendant was also charged along with others in a separate indictment with conspiracyand other crimes stemming from the distribution of cocaine (People v Cancer,132 AD3d 1021 [2015] [decided herewith]). A joint plea agreement was negotiated to resolve allthree matters, which required defendant's cooperation. Pursuant thereto, defendantentered a guilty plea to attempted grand larceny in the third degree and admitted violatingprobation. She also pleaded guilty to a count of the indictment that charged her withcriminal possession of a controlled substance in the fourth degree (id.). As part ofthat agreement, defendant waived her right to appeal as to all three matters and signed awritten waiver of appeal in open court.
At sentencing, County Court revoked defendant's probation and imposed a one-yearjail term with credit for time served on the violation petition. With respect to theattempted grand larceny conviction, the court granted defendant a conditional dischargeand ordered her to pay certain restitution. At the subsequent sentencing on the drugconviction, the court imposed a [*2]one-year jail termthereon, to be served consecutively to the jail term imposed on the violation of probation(id.). Defendant now appeals from the judgment of conviction for attemptedgrand larceny in the third degree and the violation of probation.
On appeal, defendant's only argument is that her one-year jail sentence imposed onSeptember 12, 2013 is harsh and excessive, and that this claim is not precluded becauseher waiver of appeal was invalid. Given that defendant has necessarily completed thatone-year jail sentence during the pendency of this appeal, any claims related tosentencing are moot (see Peoplev Rodwell, 122 AD3d 1065, 1068 [2014], lv denied 25 NY3d 1170[2015]; People v Pozzi, 117AD3d 1325, 1325 [2014]; People v Trombley, 111 AD3d 984, 984-985 [2013]).
Egan Jr., Rose and Clark, JJ., concur. Ordered that the judgment is affirmed.