| People v Canada (Yvonne) |
| 2007 NY Slip Op 51481(U) [16 Misc 3d 132(A)] |
| Decided on July 12, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from amended judgments of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), rendered January 4, 2006. The amended judgments revoked defendant's sentences upon a finding that defendant violated a condition thereof and imposed sentences of two one-year terms of incarceration, to run consecutively, upon her previous convictions of criminal possession of a controlled substance in the seventh degree and petit larceny.
Appeal dismissed as academic.
Defendant pleaded guilty to criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and petit larceny (Penal Law § 155.25). As a condition of defendant's sentences, she was required to complete a drug court program. However, she failed to do so and was resentenced to two one-year consecutive terms of incarceration.
Defendant's contention that the court improperly imposed enhanced sentences is academic because defendant has served her sentences and has been released from custody (see People v Nicholson, 31 AD3d 468 [2006]).
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: July 12, 2007