| People v Parker |
| 2017 NY Slip Op 08754 [156 AD3d 1059] |
| December 14, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v WeldonLee Parker, Appellant. |
John Ferrara, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Richard K. Caister Jr. of counsel), forrespondent.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), renderedSeptember 8, 2015, which revoked defendant's probation and imposed a sentence ofimprisonment.
In January 2011, defendant was convicted in Ulster County upon a plea of guilty to grandlarceny in the fourth degree and sentenced to a five-year period of probation. Probationsupervision was transferred to Sullivan County in 2013. In late December 2014, defendant wascharged with violating the conditions of probation after he was arrested for driving whileintoxicated. At an appearance on January 22, 2015, defendant's attorney stated that defendantadmitted the violation. County Court adjourned the matter through September 8, 2015, at whichtime the court revoked defendant's probation and sentenced him to 1 to 3 years in prison, thestatutory minimum sentence for the underlying conviction (see Penal Law§§ 70.00 [2] [e]; [3] [b]; 155.30). Defendant now appeals.
Defendant's sole contention is that his sentence is harsh and excessive. Inasmuch asdefendant was released from prison and discharged from parole supervision in June 2017, hissentence is complete and any claims related to sentencing are moot (see generally People v Cancer, 132AD3d 1019, 1020 [2015]).
Lynch, J.P., Rose, Devine, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.