Matter of People ex rel. Green v. Saunders

Appellate Division of the Supreme Court of New York

Matter of People ex rel. Green v. Saunders

2016 NY Slip Op 8959, 145 A.D.3d 642, 42 N.Y.S.3d 812

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 2016

Docket2580 100072/16 30012/16

StatusPublished

Cited by1 cases

This text of 2016 NY Slip Op 8959 (Matter of People ex rel. Green v. Saunders) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matter of People ex rel. Green v. Saunders, 2016 NY Slip Op 8959, 145 A.D.3d 642, 42 N.Y.S.3d 812 (N.Y. Ct. App. 2016).

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Opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Kevin B. McGrath, J.), entered on or about February 4, 2016, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.

This appeal challenging the legality of petitioner’s preconviction detention is moot, since petitioner is currently incarcerated pursuant to a judgment of conviction (see People ex rel. *643 Macgiollabhui v Schriro, 123 AD3d 633 [1st Dept 2014]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Concur— Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels and Fein-man, JJ.

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Appeal from judgment (denominated an order), Supreme Court, New York County (Kevin B. McGrath, J.), entered on or about February 4, 2016, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.

This appeal challenging the legality of petitioner’s preconviction detention is moot, since petitioner is currently incarcerated pursuant to a judgment of conviction (see People ex rel. *643 Macgiollabhui v Schriro, 123 AD3d 633 [1st Dept 2014]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Concur— Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels and Fein-man, JJ.

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Bluebook (online)

2016 NY Slip Op 8959, 145 A.D.3d 642, 42 N.Y.S.3d 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-people-ex-rel-green-v-saunders-nyappdiv-2016.

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