People ex rel. Hinton v. Warden, Manhattan Detention Complex

137 A.D.3d 464, 25 N.Y.S.3d 882

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 3, 2016
• Docket: 409 400254/14 30047/14
• Status: Published

Opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered on or about March 26, 2014, 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 from the denial of the petition challenging the legality of petitioner’s pretrial detention is moot, since he is currently incarcerated as the result of his conviction and sentencing (see People ex rel. Macgiollabhui v Schriro, 123 AD3d 633 [1st Dept 2014]), and no exception to the mootness doctrine applies.

Concur—Mazzarelli, J.P., Sweeny, ManzanetDaniels and Gische, JJ.