People v. Pompeo

Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered January 2, 2013. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment. It is hereby ordered that said appeal is unanimously dismissed. Memorandum: Defendant appeals from a judgment revoking *1950 his sentence of probation imposed upon his conviction, following his plea of guilty, of two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and sentencing him to a term of incarceration. Defendant’s sole contention is that the sentence is unduly harsh and severe. Because defendant has completed serving that sentence, his appeal is moot (see People v Mackey, 79 AD3d 1680, 1681 [2010], lv denied 16 NY3d 860 [2011]). Present — Whalen, P.J., Carni, Lindley, Curran and Scudder, JJ.