Opinion
February 26, 1990
Appeal from the Supreme Court, Dutchess County (Kelly, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The petitioner has been released from custody, and is therefore not entitled to the extraordinary relief of habeas corpus (see, People ex rel. Julio v Walters, 58 N.Y.2d 881; People ex rel. Wilder v Markley, 26 N.Y.2d 648; People ex rel. Kitchen v Sullivan, 121 A.D.2d 415). Thompson, J.P., Bracken, Brown and Kunzeman, JJ., concur.