People ex rel. Hampton v. Schrader

Appellate Division of the Supreme Court of New York

People ex rel. Hampton v. Schrader

34 A.D.2d 1000, 312 N.Y.S.2d 740, 1970 N.Y. App. Div. LEXIS 4437

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

DecidedJune 22, 1970

StatusPublished

Cited by1 cases

This text of 34 A.D.2d 1000 (People ex rel. Hampton v. Schrader) 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. Hampton v. Schrader, 34 A.D.2d 1000, 312 N.Y.S.2d 740, 1970 N.Y. App. Div. LEXIS 4437 (N.Y. Ct. App. 1970).

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Opinion

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated August 18,1969, which dismissed the writ. Appeal dismissed as moot, without costs. Relator having been released on August 11, 1969 from institutional confinement and placed on aftercare at Maston Park Rehabilitation Center, in Buffalo (according to respondent’s brief), is not restrained in his liberty and is not entitled to a writ of habeas corpus (CPLR 7002, subd. [a] ; see People ex rel. Wilder v. Markley, 26 N Y 2d 648). On February 4,1970 relator was recertified pursuant to section 208 of the Mental Hygiene Law in the City Court of Buffalo following his eon[1001]*1001viction on new charges. That recertification is not before us. Christ, P. J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.

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In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated August 18,1969, which dismissed the writ. Appeal dismissed as moot, without costs. Relator having been released on August 11, 1969 from institutional confinement and placed on aftercare at Maston Park Rehabilitation Center, in Buffalo (according to respondent’s brief), is not restrained in his liberty and is not entitled to a writ of habeas corpus (CPLR 7002, subd. [a] ; see People ex rel. Wilder v. Markley, 26 N Y 2d 648). On February 4,1970 relator was recertified pursuant to section 208 of the Mental Hygiene Law in the City Court of Buffalo following his eon[1001]*1001viction on new charges. That recertification is not before us. Christ, P. J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 1000, 312 N.Y.S.2d 740, 1970 N.Y. App. Div. LEXIS 4437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-hampton-v-schrader-nyappdiv-1970.

Opinion

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