People ex rel. Wynder v. Maciol

Appellate Division of the Supreme Court of New York

People ex rel. Wynder v. Maciol

2017 NY Slip Op 4670, 151 A.D.3d 1722, 53 N.Y.S.3d 842

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

DecidedJune 9, 2017

Docket713 OP 16-02271

StatusPublished

This text of 2017 NY Slip Op 4670 (People ex rel. Wynder v. Maciol) 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. Wynder v. Maciol, 2017 NY Slip Op 4670, 151 A.D.3d 1722, 53 N.Y.S.3d 842 (N.Y. Ct. App. 2017).

Pincite

Opinion

Proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002 [b] [2]). Petitioner seeks his release from custody on recognizance or bail.

It is hereby ordered that said petition is unanimously dismissed without costs.

Memorandum: Petitioner commenced this habeas corpus proceeding in this Court pursuant to CPLR 7002 (b) (2), contending that County Court abused its discretion in declining to set bail on two pending indictments. We note, however, that petitioner has pleaded guilty to and been sentenced on those indictments. Thus, the instant petition “challenging the legality of petitioner’s preconviction detention is moot [inasmuch as] petitioner is currently incarcerated pursuant to . . . judgment [s] of conviction and sentence [s] rendered upon his plea[s] of guilty” (People ex rel. Macgiollabhui v Schriro, 123 AD3d 633, 634 [2014]; see Matter of People ex rel. Green v Saunders, 145 AD3d 642, 642-643 [2016]; see also People ex rel. Wilson v Walsh, 270 AD2d 885, 885 [2000], lv denied 95 NY2d 758 [2000]). Furthermore, petitioner has failed to establish “the applicability of an exception to the mootness doctrine” (Macgiollabhui, 123 AD3d at 634; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Present — Smith, J.P., Lindley, DeJoseph, NeMoyer and Curran, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002 [b] [2]). Petitioner seeks his release from custody on recognizance or bail.

It is hereby ordered that said petition is unanimously dismissed without costs.

Memorandum: Petitioner commenced this habeas corpus proceeding in this Court pursuant to CPLR 7002 (b) (2), contending that County Court abused its discretion in declining to set bail on two pending indictments. We note, however, that petitioner has pleaded guilty to and been sentenced on those indictments. Thus, the instant petition “challenging the legality of petitioner’s preconviction detention is moot [inasmuch as] petitioner is currently incarcerated pursuant to . . . judgment [s] of conviction and sentence [s] rendered upon his plea[s] of guilty” (People ex rel. Macgiollabhui v Schriro, 123 AD3d 633, 634 [2014]; see Matter of People ex rel. Green v Saunders, 145 AD3d 642, 642-643 [2016]; see also People ex rel. Wilson v Walsh, 270 AD2d 885, 885 [2000], lv denied 95 NY2d 758 [2000]). Furthermore, petitioner has failed to establish “the applicability of an exception to the mootness doctrine” (Macgiollabhui, 123 AD3d at 634; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Present — Smith, J.P., Lindley, DeJoseph, NeMoyer and Curran, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 4670, 151 A.D.3d 1722, 53 N.Y.S.3d 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wynder-v-maciol-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack