People ex rel. Wilson v. De Stafano

Appellate Division of the Supreme Court of New York

People ex rel. Wilson v. De Stafano

47 A.D.2d 992, 366 N.Y.S.2d 706, 1975 N.Y. App. Div. LEXIS 9483

Appellate Division of the Supreme Court of the State of New York·Decided April 17, 1975·Published·Cited by 3 cases

Opinion

Appeal unanimously dismissed. Memorandum: This is an appeal from a judgment of Supreme Court, Onondaga County, dismissing, following a hearing, appellant’s writ of habeas corpus. Appellant was released from custody on January 8, 1975, on postconviction resentencing, to time served. Accordingly, the appeal should be dismissed as moot (CPLR 7002, subd. [a]; People ex rel Wilder v Markley, 26 NY2d 648; People ex rel Butts v McMann, 24 NY2d 772). (Appeal from judgment of Supreme Court dismissing writ of habeas corpus.) Present — Marsh, P. J., Simons, Mahoney, Goldman and Witmer, JJ.

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Appeal unanimously dismissed. Memorandum: This is an appeal from a judgment of Supreme Court, Onondaga County, dismissing, following a hearing, appellant’s writ of habeas corpus. Appellant was released from custody on January 8, 1975, on postconviction resentencing, to time served. Accordingly, the appeal should be dismissed as moot (CPLR 7002, subd. [a]; People ex rel Wilder v Markley, 26 NY2d 648; People ex rel Butts v McMann, 24 NY2d 772). (Appeal from judgment of Supreme Court dismissing writ of habeas corpus.) Present — Marsh, P. J., Simons, Mahoney, Goldman and Witmer, JJ.

People ex rel. Wilson v. De Stafano, 47 A.D.2d 992, 366 N.Y.S.2d 706, 1975 N.Y. App. Div. LEXIS 9483 (N.Y. Ct. App. 1975).

Pincite

47 A.D.2d 992 (People ex rel. Wilson v. De Stafano) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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