New York Court of Appeals, 1981

People ex rel. McFadden v. New York State Board of Parole

People ex rel. McFadden v. New York State Board of Parole
New York Court of Appeals · Decided July 7, 1981
54 N.Y.2d 751; 442 N.Y.S.2d 997; 426 N.E.2d 491; 1981 N.Y. LEXIS 2665

People ex rel. McFadden v. New York State Board of Parole

Opinion of the Court

Motion for permission to continue prosecution of the appeal notwithstanding relator’s release denied. On the court’s own motion, 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 (see People ex rel. Wilder v MwrMey, 26 NY2d 648).

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