Appellate Division of the Supreme Court of New York, 1989

People v. Ellsworth

People v. Ellsworth
Appellate Division of the Supreme Court of New York · Decided September 14, 1989
153 A.D.2d 965; 546 N.Y.S.2d 979; 1989 N.Y. App. Div. LEXIS 11530
People v. Ellsworth

Opinion of the Court

Appeal from a judgment of the County Court of Hamilton County (Intemann, Jr., J.), rendered September 11, 1987, convicting defendant upon his plea of guilty of the crime of criminal mischief in the fourth degree.

Since defendant has served his sentence of one year of incarceration in the Hamilton County Jail and the sole issue raised on this appeal involves the excessiveness of the sentence, the appeal has been rendered moot and should be dismissed.

Appeal dismissed, as moot. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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