Appeal from judgments of the District Court of Suffolk County, First District (Patricia Filiberto, J.), rendered October 16, 2009. The judgments, insofar as appealed from as limited by the brief, upon convicting defendant, upon his pleas of guilty, of three charges of aggravated unlicensed operation of a motor vehicle in the second degree, sentenced him to three concurrent terms of three years' probation.

ORDERED that the appeal is dismissed.

Defendant's sole argument on appeal is that he was improperly sentenced to three terms of three years' probation, to run concurrently, at the same time that he was sentenced to incarceration upon his pleas of guilty to other crimes. However, on January 8, 2010, after defendant pleaded guilty to violating the terms of his probation, the District Court terminated defendant's sentences of probation and sentenced him to time already served. The appeal is dismissed as moot, since the judgments appealed from were superseded by the January 8, 2010 amended judgments (see People v Gannon, 2 AD3d 1214 [2003]), and because issues relating to the validity of a sentence are moot if the defendant has served the sentence (see People v McLaine, 64 NY2d 934 [1985]; People v Scivolette, 16 Misc 3d 126[A], 2007 NY Slip Op 51211[U] [App Term, 9th & 10th Jud Dists 2007]).

Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: July 07, 2011