Opinion
07-27-2016
The PEOPLE, etc., respondent, v. Wayne CORBIN, appellant.
Marshall L. Goldstein, White Plains, NY, for appellant. James A. McCarty, District Attorney, White Plains, NY (Jennifer Spencer of counsel), for respondent.
Marshall L. Goldstein, White Plains, NY, for appellant.
James A. McCarty, District Attorney, White Plains, NY (Jennifer Spencer of counsel), for respondent.
Opinion Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Westchester County (Colangelo, J.), imposed July 18, 2007, revoking a sentence of probation previously imposed by the same court (West, J.), upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted burglary in the second degree, on the ground that the amended sentence was excessive.
ORDERED that the appeal is dismissed as academic.
The record indicates that the maximum expiration date of the defendant's amended sentence has expired. Accordingly, the appeal has been rendered academic (see People v. Gonzalez, 113 A.D.3d 792, 978 N.Y.S.2d 870 ; People v. Hernandez, 108 A.D.3d 640, 641, 968 N.Y.S.2d 384 ; People v. Conklin, 46 A.D.3d 698, 698, 846 N.Y.S.2d 916 ; see also People v. Verdejo, 112 A.D.3d 761, 976 N.Y.S.2d 407 ; People v. Waddy, 240 A.D.2d 521, 659 N.Y.S.2d 782 ).
ENG, P.J., BALKIN, HALL, COHEN and MALTESE, JJ., concur.