People ex rel. Hatcher v. McKendrick

Appellate Division of the Supreme Court of New York

People ex rel. Hatcher v. McKendrick

33 A.D.2d 586, 304 N.Y.S.2d 412, 1969 N.Y. App. Div. LEXIS 3113

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

DecidedOctober 20, 1969

StatusPublished

This text of 33 A.D.2d 586 (People ex rel. Hatcher v. McKendrick) 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. Hatcher v. McKendrick, 33 A.D.2d 586, 304 N.Y.S.2d 412, 1969 N.Y. App. Div. LEXIS 3113 (N.Y. Ct. App. 1969).

Pincite

Opinion

Reynolds, J.

Appeal from a judgment of the County Court, Ulster County, dismissing a writ of habeas corpus after a hearing. Pending this appeal the Second Department vacated appellant’s. conviction and ordered a new trial {People v. Bell, 32 A D 2d 781). Appellant is thus no longer confined pursuant to the sentence resulting from this .conviction and, accordingly, this appeal is academic and should be dismissed (e.g., People ex rel. Diaz v. McMann, 26 A D 2d 843; People ex rel. Taylor v. MeMarm, 24 A D 2d 1080, mot. for Iv. to app. den. 17 N Y 2d 421). Appeal dismissed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.

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Reynolds, J.

Appeal from a judgment of the County Court, Ulster County, dismissing a writ of habeas corpus after a hearing. Pending this appeal the Second Department vacated appellant’s. conviction and ordered a new trial {People v. Bell, 32 A D 2d 781). Appellant is thus no longer confined pursuant to the sentence resulting from this .conviction and, accordingly, this appeal is academic and should be dismissed (e.g., People ex rel. Diaz v. McMann, 26 A D 2d 843; People ex rel. Taylor v. MeMarm, 24 A D 2d 1080, mot. for Iv. to app. den. 17 N Y 2d 421). Appeal dismissed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.

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Bluebook (online)

33 A.D.2d 586, 304 N.Y.S.2d 412, 1969 N.Y. App. Div. LEXIS 3113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-hatcher-v-mckendrick-nyappdiv-1969.