People v. Moore

Feb 5, 1998
Versions:247 A.D.2d 228
668 N.Y.S.2d 356
1998 N.Y. App. Div. LEXIS 901

Appeal from judgment, Supreme Court, New York County (Alfred Donati, J.), rendered July 12, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in *229the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously dismissed as moot.

Since defendant has been discharged from parole, his request for specific performance of a promised sentence or discretionary reduction of the sentence is moot (Executive Law § 259-j). In any event, the enhanced sentence was appropriate since defendant violated the terms of his plea agreement.

Concur— Nardelli, J. P., Wallach, Williams and Mazzarelli, JJ.