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STATE OF CONNECTICUT v. STEPHEN NEARY
Connecticut Appellate Court
Case Number: AC 38017
Judge: PER CURIAM
Court: Connecticut Appellate Court
Plaintiff's Attorney: Timothy F. Costello, assistant state’s attorney, with whom, on the brief, were Patrick J. Griffin, state’s attorney, and James Turcotte, supervisory assistant state’s attorney
Defendant's Attorney: David B. Rozwaski, special public defender
Description: The defendant, Stephen Neary, appeals from the judgment of the trial court denying his motion to correct an illegal sentence filed pursuant to Practice Book § 43-22. On February 7, 2013, pursuant toapleaagreement, thedefendantpleadednolocontendere to the charges of interfering with an officer in violation of General Statutes § 53a-167a, assault of public safety personnel in violation of General Statutes § 53a-167c, and carrying a dangerous weapon in violation of General Statutes § 53-206. The defendant also admittedtoviolatingconditionsofapreviouslyimposed probation. See General Statutes § 53a-32.1 On the same day, the court sentenced the defendant to a total effective sentence of seven years of incarceration, execution suspended after two and one-half years to serve, and two years of conditional discharge.
Outcome: In State v. Bradley, 137 Conn. App. 585, 587 n.1, 49 A.3d297,cert.denied,307Conn.939,56A.3d950(2012), this court held that an appeal from a motion to correct an illegal sentence is rendered moot if the defendant completes the sentence while the appeal is pending because this court cannot afford the defendant any practical relief as to that sentence. Accordingly, because the defendant has completed his sentence, his claims here regarding the legality of that sentence are moot.2