People v. Reyes-Lopez , 2020 NY Slip Op 07595 ( 2020 )

People v Reyes-Lopez (2020 NY Slip Op 07595)

People v Reyes-Lopez

2020 NY Slip Op 07595

Decided on December 16, 2020

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 December 16, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE
PAUL WOOTEN, JJ.

2019-07930
(Ind. No. 18-00451)

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

v

Cresencio Reyes-Lopez, 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),

for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered May 22, 2019, convicting him of assault 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 Vasquez, 170 AD3d 758; People v Vielman, 164 AD3d 623; People v Corbin, 141 AD3d 730).

MASTRO, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court