Appellate Division of the Supreme Court of New York, 2016

People ex rel. Hurd, Matter of v. Warden, G.R.V.C., Riker's Is.

People ex rel. Hurd, Matter of v. Warden, G.R.V.C., Riker's Is.
Appellate Division of the Supreme Court of New York · Decided January 19, 2016
135 A.D.3d 568; 22 N.Y.S.3d 853
People ex rel. Hurd, Matter of v. Warden, G.R.V.C., Riker's Is.

Opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Anthony J. Ferrara, J.), entered on or about August 7, 2014, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.

This appeal challenging the legality of petitioner’s pretrial detention is moot, since he is currently incarcerated as the result of his conviction and sentencing (People ex rel. Macgiollabhui v Schriro, 123 AD3d 633 [1st Dept 2014]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur — Mazzarelli, J.P., Acosta, Andrias and Moskowitz, JJ.

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