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People v. Laclair

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2010
74 A.D.3d 1642 (N.Y. App. Div. 2010)

Opinion

No. 507000.

June 24, 2010.

Appeal from a judgment of the Supreme Court (Feldstein, J), entered April 15, 2009 in Franklin County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.

Michael Brown, Albany, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Mercure, J.P., Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ.


In 1994, petitioner was sentenced as a second felony offender to a prison term of 7½ to 15 years upon his conviction of burglary in the second degree. Petitioner thereafter commenced this habeas corpus proceeding contending that the Department of Correctional Services erred in treating his 1994 sentence as running consecutively to his prior undischarged term. Supreme Court dismissed petitioner's application, finding that the sentencing calculation was proper under People ex rel. Gill v Greene ( 12 NY3d 1, 4, cert denied sub nom. Gill v Rock, 558 US ___, 130 S Ct 86), and this appeal ensued.

The Attorney General advises this Court that petitioner was released from custody on April 21, 2009, having reached the maximum expiration date of his sentence. Accordingly, this appeal is moot ( see People ex re Kato v Warden, Rikers Is. Correctional Facility, 52 AD3d 320, 321; Matter of Ellington v Senkowski, 306 AD2d 662).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

People v. Laclair

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2010
74 A.D.3d 1642 (N.Y. App. Div. 2010)
Case details for

People v. Laclair

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL BROWN, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 24, 2010

Citations

74 A.D.3d 1642 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5615
902 N.Y.S.2d 457

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