New York Court of Appeals, 1976

People Ex Rel. Schmidt v. La Vallee

People Ex Rel. Schmidt v. La Vallee
New York Court of Appeals · Decided June 3, 1976
39 N.Y.2d 886; 352 N.E.2d 579; 386 N.Y.S.2d 392; 1976 N.Y. LEXIS 2824
People Ex Rel. Schmidt v. La Vallee

Cases that cite this one

9 later published cases cite this decision.

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Opinion

*887 Memorandum. Appeal dismissed as moot, without costs.

Since relator has received a parole eligibility hearing it is now academic that he did not receive, as he should have, a prompt final parole revocation hearing (see Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445). Hence, the appeal is dismissed as moot. It is not necessary to consider the appropriateness of a habeas corpus proceeding to obtain a parole revocation hearing, because, in any event, relator was lawfully detained on the subsequent criminal charge. This reasoning would result in a dismissal not only of the appeal but also of the proceeding itself, a matter of no practical significance at this time.

Appeal dismissed, without costs, in a memorandum.

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