People ex rel. Cunningham v. Metz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*591OPINION OF THE COURT
Larkin, J.
Although the petitioner was paroled on July 6, 1977 and has not appeared in this proceeding despite due notice thereof, we choose not to dismiss the appeal on the ground of mootness because a potentially recurring issue of public interest is presented (Matter of Amato v Ward, 41 NY2d 469; Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445).
The petitioner was sentenced on December 7, 1973 by the Supreme Court, Kings County, to terms of imprisonment upon convictions of robbery in the first degree and grand larceny in the third degree. While at the…
2Cases cited6 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Beattie v. New York State BoardNew York Court of Appeals · 1976
- Morales v. WardNew York Supreme Court · 1977
- People ex rel. Cooper v. Smith, New York County Courts1974
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3Cited by5 opinions
- Johnson v. WardAppellate Division of the Supreme Court of the State of New York · 1978
- Ramirez v. WardAppellate Division of the Supreme Court of the State of New York · 1978
- State ex rel. Hammer v. KeaneNew York Supreme Court · 1989
- Nieves v. RecoreAppellate Division of the Supreme Court of the State of New York · 1994
- People ex rel. Falaq v. MetzAppellate Division of the Supreme Court of the State of New York · 1978