People v. Guerro-Bueso ( 2021 )

People v Guerro-Bueso (2021 NY Slip Op 06625)

People v Guerro-Bueso

2021 NY Slip Op 06625

Decided on November 24, 2021

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 24, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.

2020-03882
(Ind. No. 19-00171)

[*1]The People of the State of New York, respondent,

v

Luis Fernando Guerro-Bueso, appellant.

James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel; Meghan E. Garvey on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered January 6, 2020, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the appeal is dismissed as academic.

The defendant's contention that the sentence imposed was excessive has been rendered academic, since the maximum expiration date of his sentence has passed (see People v Reyes-Lopez, 189 AD3d 1269; People v Vasquez, 170 AD3d 758).

CHAMBERS, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court