New York Court of Appeals, 1979

Vogler v. Smith

New York Court of Appeals · Decided December 19, 1979

48 N.Y.2d 974; 401 N.E.2d 417; 425 N.Y.S.2d 307; 1979 N.Y. LEXIS 2566

Cases that cite this one

3 later published cases cite this decision.

People v. Di Raffaele (N.Y. 1982)
Panas v. Traficanti (Appellate Division of the Supreme Court of New York 1989)
People ex rel. Emanuel v. Quinn (N.Y. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal and cross appeal dismissed, without costs. In view of the expiration of petitioner’s maximum sentence and his release from prison, petitioner’s appeal is moot. Respondent Superintendent of Attica Correctional Facility, who prevailed in the court below, may not complain of the basis for the dismissal of the proceeding (see Cohen and Karger, Powers of the New York Court of Appeals, § 91, p 395; Matter of Ton-DaLay v Diamond, 36 NY2d 856).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.