Opinion
06-09-2017
The PEOPLE of the State of New York ex rel. Andrew WYNDER, Petitioner, v. Robert M. MACIOL, Sheriff of Oneida County Jail, or Any Other Person Having Custody of Andrew Wynder, Respondent.
Rebecca L. Wittman, Utica, for petitioner.
Rebecca L. Wittman, Utica, for petitioner.
MEMORANDUM:
Petitioner commenced this habeas corpus proceeding in this Court pursuant to CPLR 7002(b)(2), contending that County Court abused its discretion in declining to set bail on two pending indictments. We note, however, that petitioner has pleaded guilty to and been sentenced on those indictments. Thus, the instant petition "challenging the legality of petitioner's preconviction detention is moot[ inasmuch as] petitioner is currently incarcerated pursuant to [ ] judgment[s] of conviction and sentence [s] rendered upon his plea[s] of guilty" (People ex rel. Macgiollabhui v. Schriro, 123 A.D.3d 633, 634, 997 N.Y.S.2d 624 ; see People ex rel. Green v. Saunders, 145 A.D.3d 642, 642–643, 42 N.Y.S.3d 812 ; see also People ex rel. Wilson v. Walsh, 270 A.D.2d 885, 885, 706 N.Y.S.2d 925, lv. denied 95 N.Y.2d 758, 713 N.Y.S.2d 522, 735 N.E.2d 1287 ). Furthermore, petitioner has failed to establish "the applicability of an exception to the mootness doctrine" (Macgiollabhui, 123 A.D.3d at 634, 997 N.Y.S.2d 624 ; see generallyMatter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 ).
It is hereby ORDERED that said petition is unanimously dismissed without costs.
SMITH, J.P., LINDLEY, DeJOSEPH, NEMOYER, and CURRAN, JJ., concur.