People ex rel. Interdonato v. Warden-Executive Director

Appellate Division of the Supreme Court of New York

People ex rel. Interdonato v. Warden-Executive Director

95 A.D.2d 700, 464 N.Y.S.2d 3, 1983 N.Y. App. Div. LEXIS 18600

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 1983·Published·Cited by 1 cases

Opinion

— Appeal from order, Supreme Court, Bronx County (Howard E. Goldfluss, J.), entered May 3, 1983 denying petitioners’ application for the fixation of bail, deemed by the court to be a writ of habeas corpus seeking their release from detention or in the alternative fixing reasonable bail, unanimously dismissed as moot, without costs. The application was addressed to the felony complaint which petitioners had waived to the Supreme Court. While this appeal was pending, petitioners were indicted for crimes based on the charges specified in the underlying felony complaint. Appellants are thus no longer held pursuant to the felony complaint but instead under the Grand Jury indictment. Accordingly their objection to the original detention is academic (see People ex rel. Hodge v Fischer, 33 AD2d 956). Concur — Sandler, J. P., Carro, Asch, Fein and Alexander, JJ.

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— Appeal from order, Supreme Court, Bronx County (Howard E. Goldfluss, J.), entered May 3, 1983 denying petitioners’ application for the fixation of bail, deemed by the court to be a writ of habeas corpus seeking their release from detention or in the alternative fixing reasonable bail, unanimously dismissed as moot, without costs. The application was addressed to the felony complaint which petitioners had waived to the Supreme Court. While this appeal was pending, petitioners were indicted for crimes based on the charges specified in the underlying felony complaint. Appellants are thus no longer held pursuant to the felony complaint but instead under the Grand Jury indictment. Accordingly their objection to the original detention is academic (see People ex rel. Hodge v Fischer, 33 AD2d 956). Concur — Sandler, J. P., Carro, Asch, Fein and Alexander, JJ.

People ex rel. Interdonato v. Warden-Executive Director, 95 A.D.2d 700, 464 N.Y.S.2d 3, 1983 N.Y. App. Div. LEXIS 18600 (N.Y. Ct. App. 1983).

Pincite

95 A.D.2d 700 (People ex rel. Interdonato v. Warden-Executive Director) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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