Angell ex rel Brown v. Ferris

In a proceeding pursuant to CPLR article 78 to compel the respondents to hold a prompt preliminary hearing pursuant to CPL 180.10 (2), the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated September 2, 1994, which denied the petition and dismissed the proceeding.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

While the petitioner was an inmate in a State correctional facility, he was charged with murdering another inmate. He was arraigned on a felony complaint before a local criminal court on July 20, 1994, and…