People ex rel. McLaughlin v. Monroe

44 A.D.2d 575, 353 N.Y.S.2d 33, 1974 N.Y. App. Div. LEXIS 5540

Opinion

Appeal by petitioners from an order of the Supreme Court, Kings County, enteréd March 8, 1973, which denied their application, styled by them as one for a writ of habeas corpus and by said court as being also to dismiss the indictment against petitioners on the ground of deprivation of their right to a speedy trial. Appeal dismissed, without costs. Ho appeal lies from an intermediate order denying dismissal of an indictment in a criminal action and the questions involved may only be reviewed on appeal from a judgment of conviction (CPL 450.10, 450.20). Insofar as the appeal may be deemed one from a judgment which dismissed a writ of habeas corpus, it should also be dismissed. The relators-defendants have been released on their own recognizance and, therefore, their liberty is no longer restrained to such a degree as to entitle them to the extraordinary writ of habeas corpus (People ex rel. Wilder v. Markley, 26 N Y 2d 648). Furthermore, as to relator Stone the appeal should be dismissed on the additional ground that he has absconded (People v. Del Rio, 14 N Y 2d 165). Gulotta, P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.