LAW.coLAW.co

The People of the State of New York ex rel. Johnny Mason, Appellant, v. Warden, Respondent

New York Supreme Court, Appellate Division2016-04-12
138 A.D.3d 50128 N.Y.S.3d 308

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered June 17, 2015, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.

This appeal challenging the legality of petitioner’s preconviction detention is moot because he is currently incarcerated following his conviction and sentencing (see e.g. People ex rel. Macgiollabhui v Schriro, 123 AD3d 633 [1st Dept 2014]), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Concur— Tom, J.P., Andrias, Manzanet-Daniels, Kapnick and Gesmer, JJ.