Matter of People of the State of New York ex rel. Roth v. Ponte

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered on or about December 19, 2016, 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 habeas petition challenging the bail court’s refusal to approve a bail bond, on the ground of insufficient collateral, is concededly moot in light of petitioner’s subsequent guilty plea in the underlying case (see e.g. People ex rel. Mason v Warden, 138 AD3d 501 [1st Dept 2016]). We decline…