New York Court of Appeals, 1976

People ex rel. Birch v. Henderson

People ex rel. Birch v. Henderson
New York Court of Appeals · Decided April 1, 1976
38 N.Y.2d 1025; 348 N.E.2d 926; 384 N.Y.S.2d 450; 1976 N.Y. LEXIS 2660

People ex rel. Birch v. Henderson

Opinion of the Court

Motion to dismiss the appeal herein granted and appeal dismissed, without costs, upon the ground that relator has been released on parole and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v Markley, 26 NY2d 648; CPLR 7002, subd [a]).

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