People ex rel. Diaz v. McMann

Appellate Division of the Supreme Court of New York

People ex rel. Diaz v. McMann

26 A.D.2d 843, 273 N.Y.S.2d 912, 1966 N.Y. App. Div. LEXIS 3328

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

DecidedOctober 20, 1966

StatusPublished

This text of 26 A.D.2d 843 (People ex rel. Diaz v. McMann) 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.

Bluebook

People ex rel. Diaz v. McMann, 26 A.D.2d 843, 273 N.Y.S.2d 912, 1966 N.Y. App. Div. LEXIS 3328 (N.Y. Ct. App. 1966).

Pincite

Opinion

Herlihy, J.

Appeal from a judgment of the Supreme Court, Clinton County, which dismissed a writ of habeas corpus after a hearing. The briefs of both parties allege that pending this appeal the relator’s sentence was vacated and a new sentence imposed on January 14, 1966. Accordingly, this appeal is rendered academic. (People ex rel. Taylor v. McMann, 24 A D 2d 1080, mot. for lv. to app. den. 17 N Y 2d 421.) For the reason set forth above, the appeal is dismissed as academic, without costs. Gibson, P. J., Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Herlihy, J.

Appeal from a judgment of the Supreme Court, Clinton County, which dismissed a writ of habeas corpus after a hearing. The briefs of both parties allege that pending this appeal the relator’s sentence was vacated and a new sentence imposed on January 14, 1966. Accordingly, this appeal is rendered academic. (People ex rel. Taylor v. McMann, 24 A D 2d 1080, mot. for lv. to app. den. 17 N Y 2d 421.) For the reason set forth above, the appeal is dismissed as academic, without costs. Gibson, P. J., Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Bluebook (online)

26 A.D.2d 843, 273 N.Y.S.2d 912, 1966 N.Y. App. Div. LEXIS 3328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-diaz-v-mcmann-nyappdiv-1966.