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PEOPLE v. BALKUM

288 A.D.2d 910 (2001)

733 N.Y.S.2d 670

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER BALKUM, Appellant.

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

Decided November 9, 2001.

Appeal unanimously dismissed.

Memorandum:

Contrary to the People's contention, the challenge of defendant to the legality of the minimum period of the indeterminate sentence of imprisonment survives his waiver of the right to appeal (see, People v Seaberg, 74 N.Y.2d 1, 9). That challenge, however, was rendered moot by defendant's conditional release (see, People v Meli, 142 A.D.2d 938

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