The People of the State of New York, Respondent, v. Elias Beltran, Defendant–Appellant. (2018)

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

The People of the State of New York, Respondent, v. Elias Beltran, Defendant–Appellant.

7455

Decided: October 25, 2018

Friedman, J.P., Kapnick, Webber, Oing, Moulton, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Scott H. Henney of counsel), for appellant.

Appeal from order, Supreme Court, Bronx County (Ethan Greenberg, J.), entered on or about March 30, 2017, which denied defendant's CPL 440.20 motion to set aside his sentence, unanimously dismissed, as moot.

Because defendant challenges only the aggregate minimum prison term of his two consecutive sentences of 15 years to life, his appeal was rendered moot by his release on parole on September 6, 2018 (after the briefs were filed). There is no basis for applying the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–15 [1980] ). Furthermore, defendant's challenge to his sentence is procedurally barred (see CPL 440.20[2] ).

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law