PEOPLE v. RAMIREZ ORTIZ (2024)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Saratoga County (James A. Murphy III, J.), rendered March 29, 2022, convicting defendant upon his plea of guilty of the crime of criminal mischief in the third degree.

In satisfaction of a superior court information and other pending charges, defendant pleaded guilty to criminal mischief in the third degree and agreed to waive his right to appeal.  Pursuant to the terms of the plea agreement, County Court sentenced defendant, as a second felony offender, to a prison term of 11/212 to 3 years.  This appeal ensued.

Defendant's sole contention on appeal is that the sentence, which he alleges is based upon unreliable and inaccurate information contained in the presentence report, should be vacated.  As the records of the Department of Corrections and Community Supervision confirm that defendant has reached the maximum expiration of his sentence, his challenge to the agreed-upon sentence is moot (see People v. Morris, 230 A.D.3d 1431, 217 N.Y.S.3d 299, 299 [3d Dept. 2024];  People v. Finn, 215 A.D.3d 1179, 1180, 187 N.Y.S.3d 447 [3d Dept. 2023], lv denied 40 N.Y.3d 928, 192 N.Y.S.3d 500, 213 N.E.3d 642 [2023];  People v. Ramsoondar, 206 A.D.3d 1157, 1161, 168 N.Y.S.3d 755 [3d Dept. 2022];  People v. Boodrow, 205 A.D.3d 1134, 1137, 167 N.Y.S.3d 633 [3d Dept. 2022]), and the exception to the mootness doctrine does not apply (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 717, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980];  see also People v. Baldwin, 39 N.Y.3d 1097, 1098–1099, 186 N.Y.S.3d 112, 206 N.E.3d 1255 [2023] [Wilson, J., concurring]).

ORDERED that the appeal is dismissed, as moot.

Egan Jr., J.P., Clark, Aarons, Ceresia and McShan, JJ., concur.