PEOPLE v. CHANDLER (2018)

ORDERED that the appeal is dismissed.

Defendant appeals from an amended judgment which revoked a sentence of probation previously imposed by the City Court, upon a finding, after a hearing, that defendant had violated a condition thereof, and resentenced defendant to a term of six months of incarceration, upon her previous conviction of resisting arrest (Penal Law § 205.30). It is undisputed that defendant has served her sentence.

“As a general rule, an appellate challenge to the propriety of a violation of probation determination is deemed to be moot if the defendant has served the sentence imposed pursuant to the amended judgment” (People v. Concepcion, 41 Misc 3d 1, 3 [App Term, 2d Dept, 9th & 10th Jud Dists 2013] ). Issues should only be reviewed where the defendant's contentions represent recurring issues of public interest which would otherwise escape appellate review (see People v. Baker, 100 AD3d 1154, 1155 [2012]; People v. Smith, 50 Misc 3d 134[A], 2016 NY Slip Op 50043[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]; People v. Concepcion, 41 Misc 3d at 4). Here, defendant raises no such issue.

Accordingly, the appeal is dismissed as moot.

MARANO, P.J., GARGUILO and RUDERMAN, JJ., concur.