Opinion
December 24, 1984
Appeal from the County Court, Suffolk County (Copertino, J.).
Appeal dismissed as academic, without costs or disbursements.
The People contend, and petitioner concedes, that he has in fact been extradited to the State of Iowa. Because petitioner is no longer in respondent's custody, the appeal has been rendered academic and must be dismissed (see, e.g., People ex rel. Turnipseed v. LeFevre, 54 A.D.2d 939; People ex rel. Miller v Follette, 33 A.D.2d 789). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.