People ex rel. Scherz v. Dennison

—Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered October 21, 1993, denying *201petitioner-appellant’s petition for a writ of habeas corpus, unanimously affirmed, without costs.

We review this appeal despite the fact that petitioner has already been released from detention because it raises important issues " 'capable of repetition, yet evading review’ ” (Schall v Martin, 467 US 253, 280). Initially, we note that 9 NYCRR part 169 does not preclude a releasee from presenting mitigating circumstances at a fact-finding hearing and that petitioner herein offered no such circumstances…