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PEOPLE v. FISHER

30 N.Y.2d 560 (1972)

The People of the State of New York, Appellant, v. Richard Fisher, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1972.

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (B. Anthony Morosco of counsel), for appellant.

Richard Fisher, respondent, pro se.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order reversed and the application denied in the following memorandum: Defendant, having already served his sentence, does not present a "`viable' claim of excessive sentence" within the meaning of People v. Lynn (28 N.Y.2d 196, 203) and, hence, is not entitled to a hearing pursuant to People v. Montgomery (24 N.Y.2d 130). Nor does he show that the validity of the judgment of conviction...

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