People ex rel. Wilson v. Walsh

Appellate Division of the Supreme Court of New York

People ex rel. Wilson v. Walsh

270 A.D.2d 885, 706 N.Y.S.2d 925, 2000 N.Y. App. Div. LEXIS 3375

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

DecidedMarch 29, 2000

StatusPublished

Cited by1 cases

This text of 270 A.D.2d 885 (People ex rel. Wilson v. Walsh) 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. Wilson v. Walsh, 270 A.D.2d 885, 706 N.Y.S.2d 925, 2000 N.Y. App. Div. LEXIS 3375 (N.Y. Ct. App. 2000).

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Opinion

—Appeal unanimously dismissed without costs. Memoran-

dum: On appeal from a judgment dismissing his petition for a writ of habeas corpus, relator contends that the dismissal was improper. We do not reach that contention because the petition challenged the legality of his pretrial detention and he was subsequently tried, convicted and sentenced on the charges (People v Wilson, 267 AD2d 1061). “The legality of [the] pretrial detention is moot once the case is tried” (People ex rel. Greenstein v Sheriff of Schenectady County, 220 AD2d 190, 194; see, People ex rel. Chakwin v Warden, 63 NY2d 120, 125; People ex rel. Jackson v Gastin, 222 AD2d 312). (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J.— Habeas Corpus.) Present — Green, J. P., Pine, Scudder and Lawton, JJ.

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—Appeal unanimously dismissed without costs. Memoran-

dum: On appeal from a judgment dismissing his petition for a writ of habeas corpus, relator contends that the dismissal was improper. We do not reach that contention because the petition challenged the legality of his pretrial detention and he was subsequently tried, convicted and sentenced on the charges (People v Wilson, 267 AD2d 1061). “The legality of [the] pretrial detention is moot once the case is tried” (People ex rel. Greenstein v Sheriff of Schenectady County, 220 AD2d 190, 194; see, People ex rel. Chakwin v Warden, 63 NY2d 120, 125; People ex rel. Jackson v Gastin, 222 AD2d 312). (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J.— Habeas Corpus.) Present — Green, J. P., Pine, Scudder and Lawton, JJ.

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270 A.D.2d 885, 706 N.Y.S.2d 925, 2000 N.Y. App. Div. LEXIS 3375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wilson-v-walsh-nyappdiv-2000.

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