People ex rel. Toomer v. Emery

Appellate Division of the Supreme Court of New York

People ex rel. Toomer v. Emery

239 A.D.2d 694, 657 N.Y.S.2d 1020, 1997 N.Y. App. Div. LEXIS 4951

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

DecidedMay 8, 1997

StatusPublished

This text of 239 A.D.2d 694 (People ex rel. Toomer v. Emery) 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. Toomer v. Emery, 239 A.D.2d 694, 657 N.Y.S.2d 1020, 1997 N.Y. App. Div. LEXIS 4951 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a judgment of the County Court of Montgomery County (Sise, J.), entered September 16, 1996, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

Petitioner contends that he is entitled to be released from respondent’s custody due to the People’s failure to communicate their readiness for trial of the misdemeanor charge within 30 days from the commencement of said custody (see, CPL 30.30 [2] [b]). Inasmuch as petitioner has been released from prison as a result of pleading guilty to the crime of petit larceny and being sentenced to time served, this appeal is moot (see, People ex rel. Scott v Campbell, 211 AD2d 925, lv denied 85 NY2d 805).

Mikoll, J. P., Mercure, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the County Court of Montgomery County (Sise, J.), entered September 16, 1996, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

Petitioner contends that he is entitled to be released from respondent’s custody due to the People’s failure to communicate their readiness for trial of the misdemeanor charge within 30 days from the commencement of said custody (see, CPL 30.30 [2] [b]). Inasmuch as petitioner has been released from prison as a result of pleading guilty to the crime of petit larceny and being sentenced to time served, this appeal is moot (see, People ex rel. Scott v Campbell, 211 AD2d 925, lv denied 85 NY2d 805).

Mikoll, J. P., Mercure, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

239 A.D.2d 694, 657 N.Y.S.2d 1020, 1997 N.Y. App. Div. LEXIS 4951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-toomer-v-emery-nyappdiv-1997.

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