People ex rel. Dennis v. Pisciotti

—Judgment unanimously affirmed without costs. Memorandum: Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. He concedes that this proceeding is moot because he has already served his sentence, but urges this Court to address the issue raised herein because it falls within an exception to the mootness doctrine. We agree with petitioner that the issue falls within an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715), but we nevertheless affirm.

Petitioner was convicted of two counts of driving while intoxicated as a…