Legal Opinion

People ex rel. Fraser v. Warden, G.M.D.C.

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

Decided February 7, 2017No. 3000 400537/12Published

1Opinion of the Court

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered April 24, 2012, 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, since petitioner is currently incarcerated following his conviction and sentencing (see People ex rel. Mason v Warden, 138 AD3d 501 [1st Dept 2016]). Petitioner has failed to demonstrate the applicability of an exception to…

2Cases cited2 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. People ex rel. Mason v. WardenAppellate Division of the Supreme Court of the State of New York · 2016

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