PEOPLE v. RHODEHOUSE (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Chemung County (Richard Rich Jr., J.), rendered August 5, 2024, which revoked defendant's probation and imposed a sentence of imprisonment.

In June 2023, defendant pleaded guilty to criminal trespass in the second degree and was sentenced to three years of probation.  In July 2024, defendant was charged with violating certain terms and conditions of her probation.  Defendant waived a hearing and admitted to violating the terms of her probation with the understanding that she could receive a sentence of up to 12 months in jail.  County Court thereafter revoked defendant's probation and resentenced her to 10 months in jail.  Defendant appeals, arguing only that the period of incarceration imposed is unduly harsh or severe.

The People have advised this Court that defendant completed serving her jail sentence during the pendency of this appeal, a fact that defendant does not dispute.  Accordingly, the appeal has been rendered moot and must be dismissed (see People v. Dibble, 214 A.D.3d 1208, 1209, 183 N.Y.S.3d 862 [3d Dept. 2023];  People v. McLean, 185 A.D.3d 1089, 1089, 124 N.Y.S.3d 883 [3d Dept. 2020]).

ORDERED that the appeal is dismissed, as moot.

Aarons, J.P., Pritzker, Ceresia, Fisher and Mackey, JJ., concur.