PEOPLE v. BARBER

506 KA 11-02188.

106 A.D.3d 1533 (2013)

964 N.Y.S.2d 450

2013 NY Slip Op 3254

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN M. BARBER, Appellant.

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

May 3, 2013.


It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Memorandum: Defendant was convicted, upon his plea of guilty, of robbery in the third degree (Penal Law § 160.05), and he appeals from a resentence with respect to that conviction. We note at the outset that defendant's release to parole supervision does not render moot his contention that the sentence is unduly harsh or severe because he "remains under the control of the Parole...

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