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State v. Nieves

April 15, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JUAN NIEVES, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 07-08-1042.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 16, 2010

Before Judges Carchman and Lihotz.

Defendant Juan Nieves appeals from a February 25, 2009 order of the Law Division denying his application to be admitted to an Alcohol Inpatient Program. At the time of the application, defendant was serving an aggregate four-year sentence with no parole disqualifier.

Subsequent to the filing of this appeal, defendant served a portion of his sentence and was released from prison in December 2009 or early January 2010.*fn1 There is no longer any extant issue under R. 3:21-10(b),(1), regarding a change in a custodial sentence to permit defendant to enter an alcohol rehabilitation program.

Where there is no remedy that can be afforded defendant nor issue of public importance requiring our intervention, we will dismiss an appeal as moot. See State v. Hughes, 230 N.J. Super. 223, 226-27 (App. Div. 1989). There is no challenge to the underlying conviction or the terms of the sentence other than the denial of the application for admission to the treatment program. The narrow issue is now moot, and we dismiss the appeal.

Appeal dismissed ...


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