New York Court of Appeals, 1980

People ex rel. Burke v. Smith

People ex rel. Burke v. Smith
New York Court of Appeals · Decided November 13, 1980
51 N.Y.2d 940; 415 N.E.2d 982; 434 N.Y.S.2d 994; 1980 N.Y. LEXIS 2772

People ex rel. Burke v. Smith

Opinion of the Court

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the 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).

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