Opinion
2017–11408
01-10-2018
PEOPLE EX REL. Christopher BOOTH, ON BEHALF OF Dwayne BLACKWOOD, petitioner, v. WARDEN, OTIS BANTUM CORRECTIONAL CENTER, etc., respondent.
Christopher Booth, New York, NY, petitioner pro se. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove of counsel), for respondent.
Christopher Booth, New York, NY, petitioner pro se.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION, ORDER & JUDGMENT Writ of habeas corpus in the nature of an application pursuant to CPL 170.70 to release the defendant in a criminal action entitled People v. Blackwood, pending in the Supreme Court, Kings County, under Indictment No. 8422/17, and application by the petitioner for leave to prosecute the proceeding as a poor person.
ORDERED that the application for leave to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,
ADJUDGED that the writ is dismissed as academic, without costs or disbursements.
The issues raised on this writ of habeas corpus are academic, as the detainee has been indicted (see People ex rel. Scoralick, 140 A.D.2d 658, 529 N.Y.S.2d 11 ). Under the circumstances of this case, review of the issues raised is not warranted under any exception to the mootness doctrine (see e.g. Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 ; People ex rel. Kneitel v. Warden, Rikers Is. Corr. Facility, 120 A.D.3d 1274, 991 N.Y.S.2d 774 ; People ex rel. Crow v. Warden, Anna M. Kross Detention Ctr., 76 A.D.3d 646, 905 N.Y.S.2d 913 ). Accordingly, we dismiss the writ as academic.
DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.