People v. Myers

• Decision Date: 05 October 2017
• Citation: 154 A.D.3d 1000,60 N.Y.S.3d 852 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Scott MYERS, Appellant.
• Court: New York Supreme Court — Appellate Division

154 A.D.3d 1000

60 N.Y.S.3d 852 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Scott MYERS, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Oct. 5, 2017.

Bruce Evans Knoll, Albany, for appellant, and appellant pro se.

John R. Sandleitner, Tannersville, for respondent.

Before: McCARTHY, J.P., LYNCH, CLARK, AARONS and PRITZKER, JJ.

CLARK, J.

Appeal from a judgment of the County Court of Greene County (Koweek, J.), rendered January 11, 2013, which revoked defendant's probation and imposed a sentence of imprisonment.

In satisfaction of a 19–count indictment, defendant pleaded guilty to two counts of criminal contempt in the second degree, waived his right to appeal and was sentenced, in accordance with the plea agreement, to three years of probation. Thereafter, defendant was charged with violating the terms of his probation. Following an extensive hearing, County Court revoked defendant's probation and resentenced him to concurrent one-year jail terms. Defendant appeals. During the pendency of this appeal, County Court granted defendant's CPL article 440 motion, vacated the judgment of conviction and, thereafter, on January 5, 2017, granted the People's motion to dismiss the 19–count indictment with prejudice. As such, this appeal must be dismissed as moot (cf. People ex rel. W. v. LeFevre, 63 A.D.2d 758, 758–759, 405 N.Y.S.2d 419 [1978] ).

ORDERED...