Legal Opinion

People ex rel. Mason v. Warden

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 2016No. 803 2075/14 1301/14 3232/14PublishedCited by 1 opinion

1Opinion of the Court

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…

2Cases cited2 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. People ex rel. Macgiollabhui v. SchriroAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by1 opinion

  1. People ex rel. Fraser v. Warden, G.M.D.C.Appellate Division of the Supreme Court of the State of New York · 2017

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