People ex rel. Mason v. Warden

138 A.D.3d 501, 28 N.Y.S.3d 308

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 12, 2016
• Docket: 803 2075/14 1301/14 3232/14
• Status: Published

Opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered June 17, 2015, 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 challenging the legality of petitioner’s preconviction detention is moot because he is currently incarcerated following his conviction and sentencing (see e.g. People ex rel. Macgiollabhui v Schriro, 123 AD3d 633 [1st Dept 2014]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Concur— Tom, J.P., Andrias, Manzanet-Daniels, Kapnick and Gesmer, JJ.