Matter of People of the State of New York ex rel. Roth v. Ponte

2017 NY Slip Op 9261, 156 A.D.3d 579, 65 N.Y.S.3d 704

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 28, 2017
• Docket: 5301 452444/16
• Status: Published

Opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered on or about December 19, 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 habeas petition challenging the bail court’s refusal to approve a bail bond, on the ground of insufficient collateral, is concededly moot in light of petitioner’s subsequent guilty plea in the underlying case (see e.g. People ex rel. Mason v Warden, 138 AD3d 501 [1st Dept 2016]). We decline to apply an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; see also People ex rel. Fox v Ponte, 151 AD3d 502 [1st Dept 2017], lv denied 30 NY3d 902 [2017]).

Concur—Friedman, J.P., Gische, Webber, Kahn and Singh, JJ.