Hyperlawhypertext legal database People v. Moore 247 A.D.2d 228

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People v. Moore

247 A.D.2d 228 Court N.Y. App. Div. Decision date 1998-02-05 English

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

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p. 228
The People of the State of New York, Respondent, v Levi Moore, Appellant.
[668 NYS2d 356]

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

p. 229
the 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.

Statutes and regulations cited