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PEOPLE v. BIGLEY

81 A.D.2d 1041 (1981)

The People of the State of New York, Appellant, v. Joseph S. Bigley, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 27, 1981

Appeal unanimously dismissed.

Memorandum:

Although defendant's sentence to a one-year definite term as a nonviolent class C felony offender was illegal under section 70.00 of the Penal Law it was subsequently changed during resentencing proceedings to a term of probation for five years, a permitted sentence. The People's contention that the one-year sentence is illegal is now moot and this appeal should be dismissed (see Sedita v Board of Educ.,

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